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In re McCarthy

Supreme Court of Delaware

October 23, 2017

IN THE MATTER OF: DANIEL J. McCARTHY, RESPONDENT.

          Submitted: October 18, 2017

         Board Case No. 2011-055-B

          Before VALIHURA, VAUGHN, and SEITZ, Justices.

          PER CURIAM

         This 23rd day of October 2017, it appears to the Court that the Board on Professional Responsibility has filed its Report and Recommendation in this matter under Rule 9(d) of the Delaware Lawyers' Rules of Disciplinary Procedure. The Board's Report recommends that the Respondent, a Pennsylvania lawyer who was admitted pro hac vice by the Delaware Superior Court to represent a doctor in a medical malpractice action, [1] be disbarred for his intentional misconduct that included the failure to disclose altered medical records and the failure to disclose his client's fraudulent conduct and to correct her false testimony. The Board concluded that the "Respondent's actions in this matter were at best dishonest and at worst criminal which resulted in actual and potential harm to the litigants, the judicial process and the public."[2]

         The Respondent, through counsel, filed objections to the Board's findings and recommendation of disbarment The Office of Disciplinary Counsel responded to the objections, and the Respondent replied. Oral argument was held on October 18, 2017.

         The Court has reviewed the matter under Rule 9(e) of the Delaware Lawyers' Rules of Disciplinary Procedure and concludes that the Board's Report should be approved. The Board's recommendation of disbarment is appropriate under these circumstances and, contrary to the Respondent's assertions, is consistent with the Court's precedent.[3]

         NOW, THEREFORE, IT IS ORDERED that the Board's June 6, 2017 Report (attached hereto) is ACCEPTED. Daniel J. McCarthy is hereby DISBARRED. He is unconditionally excluded from the admission to or the exercise of any privilege to practice law in this State.[4] The contents of the Board's Report shall be made public. The Office of Disciplinary Counsel shall disseminate this Order in accordance with Rule 14 of the Delaware Lawyers' Rules of Disciplinary Procedure. The Respondent shall pay the costs of these disciplinary proceedings, pursuant to Rule 27 of the Delaware Lawyer's Rules of Disciplinary Procedure, promptly upon presentation of a statement of costs by the Office of Disciplinary Counsel.

         RE: BOARD ON PROFESSIONAL RESPONSIBILITY IN THE MATTER OF A MEMBER OF THE BAR OF THE SUPREME COURT OF[1]DELAWARE, DANIEL J. MCCARTHEY. BOARD CASE NO. 2011 -055-B

         To whom it may concern:

         Enclosed is the fully executed Report and Recommendations of the Hearing Panel concerning the above-captioned matter.

         Should you have any questions, please do not hesitate to contact me.

         Sincerely, Deirdre A. ...


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