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David Silver v. Hamrick & Evans, LLP

Paid petition · Court of Appeal of California, Second Appellate District, No. B287437 · judgment June 4, 2019


Certiorari denied · January 27, 2020
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The California Supreme Court chose not to review a civil appeal case number S256869—from the Second Appellate District, Div. 2, of the California Court of Ap­ peals—case number B287437—and thus the question presented now goes to the United States Supreme Court. Hamrick & Evans, LLP (“Respondent”) knowingly made false statements to the Superior Court and to the Court of Appeals, in violation of Federal Rules of Pro­ fessional Conduct 16-303 “Candor toward the tribu­ nal,” “A. Duties: A lawyer shall not knowingly: (1) make a false statement of material fact or law to a tribunal . . . [or] (4) offer evidence that the lawyer knows to be v-v . false:” Does a lawyer or a law firm deserve to be given a free pass by the lower courts when the lawyer and the law firm make false statements of material facts—not of law—but of facts to not one but two tribunals? 4 ■

Counsel of record

For petitioner
David Silver

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 27 2020
    Petition DENIED.
  2. Jan 08 2020
    DISTRIBUTED for Conference of 1/24/2020.
  3. Nov 19 2019
    Petition for a writ of certiorari filed. (Response due December 23, 2019)