Miss. Bar v. Barry
| Docket Number: | 2003-BD-02339-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 07-29-2004 Opinion Author: Waller, P.J. Holding: Suspended for nine months |
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| Additional Case Information: |
Topic: Bar discipline - Miss.R.Disc. 13 - Suspension Judge(s) Concurring: Smith, C.J., Easley, Carlson, Graves and Dickinson, JJ. Non Participating Judge(s): Diaz, J. Concur in Part, Dissent in Part 1: Randolph, J. Concur in Part, Dissent in Part Joined By 1: Cobb, P.J. |
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| Party Name: | Attorney Name: | |||
| Appellant: | The Mississippi Bar |
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| Appellee: | Maurice Joseph Barry, Jr. |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Bar discipline - Miss.R.Disc. 13 - Suspension |
| Summary of the Facts: | The Mississippi Bar has filed a complaint seeking disciplinary action against Maurice Joseph Barry, Jr., based on the Supreme Court of Illinois' imposition of a nine-month suspension from the practice of law. |
| Summary of Opinion Analysis: | The Illinois Supreme Court took action against Barry after he represented to his clients and to the court that he had acquired expert opinions as to causation in a medical malpractice suit when he in fact had not. The medical malpractice case was dismissed. He then sued his clients for breach of contract, alleging that they did not permit him to file an appeal after the case was dismissed, when in fact he had filed an appeal. In two other medical malpractice case, Barry made the same misrepresentations as to having acquired expert opinions when in fact he had not. The documents from the Illinois Supreme Court constitute conclusive evidence of Barry's guilt of the unprofessional conduct cited by that Court. Under Rule 13 of the Mississippi Rules of Discipline, a nine-month suspension from the practice of law is appropriate. |
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