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Criminal Law
: Law Of Criminal DefenseMA: Omitting words without ellipsis is professional misconduct
By John Wesley Hall, Jr.
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Lack of an ellipsis for deleted words in a quote from a case in a brief was misconduct. First Appellate Brief Deemed "As Brazen A Piece Of Misrepresentation As We Have Ever Seen":
The court further found that the respondent engaged in “as brazen a piece of misrepresentation as we have ever seen,” by deleting “certain words, phrases and sentences without use of an ellipsis, or any other indication of editing.” The court imposed double costs of the appeal upon the window company, to be paid by the respondent to the homeowner, and awarded appellate attorney’s fees to the homeowner.
The respondent’s conduct in falsely representing that the statement of facts was a complete presentation of the findings of the lower court violated Mass...continue to full postFull post as published by Law Of Criminal Defense on March 11, 2011 (boomark / email).
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