Gibbs v. Fairbanks Cap. Corp.

Full title: Victoria Gibbs, et al. v. Fairbanks Capital Corporation

Court: Superior Court of Delaware, New Castle County

Date published: Oct 15, 2007

C.A. No. 04C-06-258-JRJ (Del. Super. Ct. Oct. 15, 2007)

Opinion

C.A. No. 04C-06-258-JRJ.

October 15, 2007.

Richard H. Cross, Jr., Esq., Cross Simon, LLC, Wilmington, DE.

Tara L. Lattomus, Esq., Eckert, Seamans, Cherin Mellot, LLC, Wilmington, DE.

JAN R. JURDEN, Judge.

Dear Counsel:

The Court has reviewed Plaintiffs' October 4^th Status Report and Defendant's October 9^th response. Ms. Lattomus states in the response:

"Although Mr. Cross has attempted to confuse matters, the status of this case is simple."

The Court interprets this comment as an accusation that Mr. Cross has attempted to confuse the Court. This statement is troubling. Delaware lawyers are officers of the Court. A Delaware lawyer who attempts to "confuse" the Court violates the Delaware Lawyers' Rules of Professional Conduct¹.

1 See Rules 3.2, 8.4(d). See also Principles of Professionalism for Delaware Lawyers, A.1.

After reading Ms. Lattomus' accusation, the Court re-read Mr. Cross's Status Report. The Court does not find that Mr. Cross has attempted to confuse matters and instructs Ms. Lattomus to review 395 Associates, LLC v. New Castle County ² and the Principles of Professionalism for Delaware Lawyers before making a similar accusation about a fellow member of the Delaware Bar in the future. IT IS SO ORDERED.

2 2006 WL 2021623 (Del.Super.).