John F. O’brien violated rules 1.2, 3.1, 3.3, & 8.4 of the Rules of Professional Conduct. He failed to counsel properly, failed to motion for investigation without good faith belief that a crime had been committed by a government entity. He also misstated the law and had engaged in conduct prejudicial to the administration of justice.
The court held that the plaintiff (Mr. O’Brien) (1) violated rule 1.2 by calling for an investigation in response to the wishes of his client in derogation of his professional obligations as a officer of the court, (2) had violated rule 3.1 by making frivolous assertions without any good faith basis for his claims, (3) had violated rule 3.3(a)(1), which requires candor toward the tribunal, by his ”concerted effort not to know the status of the law” regarding attorney-client privilege, and (4) had violated rule 8.4 by pursuing claims on behalf of his client that improperly insinuated wrongdoing by the office of the state’s attorney.
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