Rule 3.4 Fairness to Opposing Party and Counsel

Rule Text

Amendment history: Amended April 11, 2006, effective July 1, 2006; amended August 5, 2014, effective October 6, 2014; amended February 6, 2024, effective April 15, 2024. Suspension. — Attorney agreed to suspension for violating Wyo. R. Prof. Conduct 1.3, 1.4, 3.2, and 3.4(c) because the attorney knowingly failed to perform services for his clients that could have injured them and he violated court orders that potentially injured or interfered with his client, a party or a legal proceeding. The attorney failed to appear at certain court hearings, failed to provide discovery, failed to file appropriate documents for his clients, and failed to communicate with his clients. Bd. of Prof’l Responsibility v. Cannon, 2008 WY 82, 189 P.3d 857, 2008 Wyo. LEXIS 89 (Wyo. 2008). In disciplinary proceedings, the Supreme Court of Wyoming suspended an attorney because he knowingly violated Wyo. R. Prof. Conduct 3.4(c) while prosecuting a criminal assault case by failing to comply with the district court’s discovery order directing him to promptly request the complainant’s records from Facebook and a cell phone company. The attorney admitted he violated Wyo. R. Prof. Conduct 1.3, 3.2, and 8.4(d) by failing to respond to defendant’s motion to restrict testimony, failing to seek production of records as ordered by the court, and engaging in conduct prejudicial to the administration of justice; the court considered mitigating factors, as he displayed remorse and was cooperative during the disciplinary proceeding. Bd. of Prof’l Resp. v. Hinckley, 2022 WY 18, 503 P.3d 584, 2022 Wyo. LEXIS 20 (Wyo. 2022). Public censure. — Attorney was publicly censured for violating Wyo. R. Prof. Conduct 3.4(d) where, in response to a written discovery request, he had failed to reveal the existence of a rerecorded audiotape of statements made by a defendant in a defamation case that had originally been recorded by a third party. Bd. of Prof’l Responsibility v. Chapman, 2007 WY 8, 150 P.3d 182, 2007 Wyo. LEXIS 8 (Wyo. 2007). Counsel obligated to disclose letter indicating he took sides in prior joint representation. — Party’s counsel owed a duty of candor and fairness to disclose to opposing counsel and the court a prior letter written by him that clearly indicated he had taken sides between the parties he jointly represented in a prior lawsuit, which parties were now plaintiffs and defendants in the instant lawsuit. Kath v. Western Media, 684 P.2d 98, 1984 Wyo. LEXIS 309 (Wyo. 1984). Failure to comply with discovery disclosure requirements. — Wyoming Board of Professional Responsibility recommended as the appropriate sanctions for an attorney’s violations of the Wyoming Rules of Professional Conduct a public censure and payment of the administrative fee and costs where the Board found that: (1) the attorney violated Wyo. R. Prof. Conduct 3.4(c) by knowingly failing to disclose the existence of insurance that might be liable to satisfy part or all of a judgment that might be entered in the action or to indemnify or reimburse for payments made to satisfy a judgment as required by Wyo. R. Civ. P. 26(a)(1)(D), (e); (2) the attorney violated Wyo. R. Prof. Conduct 3.1(c) by signing Rule 26 disclosures when he knew that the information contained therein was not accurate and was not well grounded in fact, as it failed to disclose existence of insurance that might be liable to satisfy part or all of a judgment that might be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment as required by Rule 26(a)(1)(D); and (3) the attorney violated Wyo. R. Prof. Conduct 8.4(a), (c), (d) by knowingly failing to disclose existence of insurance that might be liable to satisfy part or all of a judgment that might be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment as required by Rule 26(a)(1)(D), (e). In re Stith, 2011 Wyo. LEXIS 72 (Wyo. Feb. 4, 2011).