The Florida Bar v. Derek Vashon James
An attorney secretly text-messaged his own witness during a telephonic workers' compensation deposition, coaching her answers, then denied doing so to opposing counsel and was not forthright with the Judge of Compensation Claims. The Florida Supreme Court found the attorney guilty of violating Bar Rule 4-8.4(d) (conduct prejudicial to the administration of justice) notwithstanding the referee's contrary recommendation, and increased the sanction from a 30-day suspension to a rehabilitative 91-day suspension.
Key facts
- Attorney Derek Vashon James secretly text-messaged his own witness during a telephonic workers' compensation deposition to coach her answers in real time.
- When confronted by opposing counsel and the Judge of Compensation Claims, the attorney denied the coaching and made misleading statements rather than being forthright about his conduct.
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Why it matters
This is the Florida Supreme Court's clearest statement that surreptitious real-time coaching of a deponent by text message is discovery obstruction and conduct prejudicial to the administration of justice, warranting a… — full analysis with a trial
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