An Attorney Represented a Plaintiff in a Personal Injury Suit

An attorney represented a plaintiff in a personal injury suit, and a certified paralegal was employed by the attorney and worked on the case. The case involved an automobile accident in which a car driven by the defendant collided with the plaintiff's car. The defendant's wife had been in the defendant's car and was a witness. The attorney did not like the attorney who represented the defendant. The plaintiff's attorney and the defendant's attorney had been opposing counsel on several other cases, and the plaintiff's attorney believed that the work of the defendant's attorney had been second rate (and not worth the $600 per hour he charged) . To annoy the defendant's counsel, the plaintiff's attorney instructed her paralegal to include in the request for production of documents a request for any documents reflecting communications between the defendant's wife and a named third person. The attorney believed the wife and the third person were having an affair and thought the communications might discredit the wife at trial. Is the plaintiff's attorney subject to any disciplinary action?

A) Yes, because the discovery request is unfair to an opposing party.
B) Yes, because unnecessary delay will result by forcing the defendant's counsel to contest the discovery request.
C) No, because the attorney is entitled to use evidence of deceit to discredit a witness at trial.
D) No, because the discovery request is routine and will not delay the litigation.

Correct Answer:

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