Daniels v. Alander

844 A.2d 182 (2004)

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Daniels v. Alander

Connecticut Supreme Court
844 A.2d 182 (2004)

Facts

Attorney Dennis Driscoll (defendant) worked for attorney Douglas R. Daniels in Daniels’s law firm. Driscoll and Daniels filed in Connecticut trial court an ex parte application for temporary custody on behalf of a client, Ines Montalvo. Montalvo was also represented by Veronica Davis in an ongoing trial in New Jersey over the same subject matter. At the ex parte hearing, Daniels told the judge that the motion was filed in Connecticut rather than in New Jersey based on a conversation that Driscoll had with Davis, when Davis advised to file the motion in Connecticut. In reality, Davis had disagreed with the filing of the motion in Connecticut and, more generally, with the filing of a motion altogether. Driscoll, although knowing that Daniels’s statement was false, did not correct Daniels’s statement. Although the judge decided that the hearing over the motion should occur in New Jersey, the judge issued a temporary emergency order awarding Montalvo custody of her children. Upon finding out about Daniels’s false statements, the Connecticut district court reprimanded Daniels and Driscoll. Driscoll appealed, arguing that he should not be reprimanded for false statements made by another attorney.

Rule of Law

Issue

Holding and Reasoning (Katz, J.)

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