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Professional Responsibility Keyed to Gillers
Mullaney v. Aude
Citation:
126 Md. App. 639, 730 A.2d 759 (1999)Facts
During depositions in a medical malpractice case, attorney John Mullaney repeatedly made improper objections that appeared designed to coach witnesses rather than to raise legitimate legal issues. His objections often included explanatory comments that suggested how witnesses should answer questions. In one particularly problematic instance, Mullaney instructed a witness not to answer a question without proper grounds for such an instruction. The plaintiff’s counsel moved for sanctions, arguing that Mullaney’s conduct obstructed the discovery process and violated deposition rules. The trial court reviewed the deposition transcripts, found Mullaney’s conduct improper, and imposed sanctions, which included monetary penalties and restrictions on his future deposition conduct.
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