Wednesday, March 03, 2004

More over-the-top talk in the lawsuit against Appalachian School of Law

This Roanoke Times article ("Lawsuit: Grundy school trying to cover up facts," 3/3/04) has more of the strangely overboard remarks of counsel for the plaintiffs in the litigation over the shootings at the Appalachian School of Law.

Oddly, plaintiff's counsel Mr. Yeary appears to be complaining mostly about a memo written by his old law partner, the counsel for the law school, Ms. Tate.

When I read an article like this, I recollect the local rule in federal court over on the Tennessee side, and therefore wholly inapplicable to the case in Wise County, Virginia, which says:

LR 83.2 Public Statements by Attorneys

(a) Civil Proceedings. No lawyer or law firm associated with a civil action shall, during its investigation or litigation, make or participate in making an extrajudicial statement, other than a quotation from or reference to public records, which a reasonable person would expect to be disseminated by means of public communication if there is a reasonable likelihood that such dissemination will interfere with a fair trial and if such dissemination relates to:

(1) evidence regarding the occurrence or transaction involved;
(2) the character, credibility, or criminal record of a party, witness, or prospective witness;
(3) the performance or results of any examinations or tests or the refusal or failure of a party to submit to such;
(4) the attorney's opinion as to the merits of the claims or defenses of a party, except as required by law or administrative rule; and
(5) any other matter reasonably likely to interfere with a fair trial of the action.

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