IN THE MATTER OF: DANIEL J. McCARTHY, RESPONDENT.
Submitted: October 18, 2017
Case No. 2011-055-B
VALIHURA, VAUGHN, and SEITZ, Justices.
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,  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."
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
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
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. 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
BOARD ON PROFESSIONAL RESPONSIBILITY IN THE MATTER OF A
MEMBER OF THE BAR OF THE SUPREME COURT OFDELAWARE, DANIEL J.
MCCARTHEY. BOARD CASE NO. 2011 -055-B
it may concern:
is the fully executed Report and Recommendations of the
Hearing Panel concerning the above-captioned matter.
you have any questions, please do not hesitate to contact me.
Deirdre A. ...