Tracing the legal principles behind a New York statute on lawyer deceit to a law adopted by the English Parliament in 1275, the New York Court of Appeals has determined that an attorney can be subject to treble damages in New York for an unsuccessful attempt to deceive a court. Responding to certified questions from the 2nd Circuit, the Court of Appeals ruled that the "unique statute of ancient origin" was not a codification of common law fraud, and applied to attempted deceptions as well as successful ones.
February 17, 2009 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Tracing the legal principles behind a New York statute on lawyer deceit to a law adopted by the English Parliament in 1275, the state Court of Appeals has determined that an attorney can be subject to treble damages (pdf) in New York for an unsuccessful attempt to deceive a court.
The attorney deception issue came to the court in the form of two certified questions from the 2nd U.S. Circuit Court of Appeals.
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