In re Forrest
Supreme Court of New Jersey
730 A.2d 340 (1999)
After his client Mr. Fennimore, who was pursuing a personal injury suit for permanent injuries from a car accident, died of unrelated causes, Forrest (defendant) advised the surviving Mrs. Fennimore to conceal the death, told the arbitrator Mr. Fennimore was merely "unavailable," ignored repeated requests for Mr. Fennimore to undergo a medical examination, and continued pursuing the case and settlement negotiations with opposing counsel for nine months before finally revealing the death only after Mr. Fennimore predictably failed to appear for a court-ordered medical exam. The district ethics committee (plaintiff) found Forrest violated rules requiring disclosure of material facts to tribunals and prohibiting fraudulent conduct.
Whether attorneys may conceal or misrepresent material facts from opposing counsel or the court.