An attorney. Murray, licensed in Virginia advised his plaintiff/client who had filed suit over the death of his wife to remove some of his Facebook photos has agreed to a five-year suspension.
The July 17 suspension order, published online on Aug. 2, 2013 notes that the Attorney’s client, Isaiah Lester, had sued Allied Concrete for the death of his wife caused when a cement truck crossed the center line, striking and rolling over the Lesters’ vehicle.
The Attorney instructed his paralegal to advise their client, Lester to remove some of the photos he had posted on his Facebook page after lawyers for Allied Concrete sought screen shots and other information. Lester deleted 16 photos, including one in which he held a beer can and wore a T-shirt that said “I (heart) hot moms.” Defense lawyers recovered the photos before trial and jurors were told about the scrubbed photos.
As a sanction, a trial judge ordered the Attorney and Lester to pay $722,000 to lawyers representing Allied Concrete for their legal fees. The judge also slashed Lester’s $8.5 million jury award, but the Virginia Supreme Court reinstated the verdict.
The suspension order held that the attorney violated ethics rules that govern candor toward the tribunal, fairness to opposing party and counsel, and misconduct.
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