Extract from Michael A. Mora’s article “Florida Lawyer and Clients Sanctioned for ‘Contorting the Truth’ During Discovery”
A federal magistrate judge in Miami ruled a defendant and one of his lawyers must pay attorney fees and costs as a sanction for “contorting the truth” in their opposition to a discovery request.
Kenneth D. Lemoine, a solo practitioner based in West Palm Beach, and his clients, Ronald L. Rubin, and a co-defendant, Darrell Horn, are facing the sanctions.
Opposing them In the legal brawl is attorney Robert Wilkins, a partner at Jones Foster in West Palm Beach, who represents Rubin’s mother, Lucille.
U.S. Magistrate Judge William Matthewman held that Lemoine and his clients were “contorting the truth.” He denied a motion to quash that repeated the same arguments the federal court had previously denied in three prior discovery disputes.
“Judges want parties to confer in good faith in discovery disputes before the court becomes involved,” Wilkins said. “If they don’t do that, not only is the client going to be sanctioned, but the attorney who raises the frivolous objection will also be sanctioned and required to pay attorney fees and costs.”
