Opinion
C.A. No. 10C-04-212-JRJ.
October 11, 2011, Amended October 25, 2011.
Daniel J. McCarthy, Esq., Mintzer, Sarowitz, Zeris, Ledva Meyers, LLP, Philadelphia, PA.
Mason E. Turner, Jr., Esq., Prickett, Jones Elliott, P.A., Wilmington, DE.
Dear Mr. McCarthy and Mr. Turner:
On September 22, 2011 in the above-captioned case the Court received "Plaintiff's Response to Defendant Mintzer, Sarowitz, Zeris, Ledva Meyers LLP's Motion to Exclude Evidence Regarding Any Alleged Failure to Comply with the Rules of Professional Conduct" (hereinafter "Response").
Docket item 39969015. See Response ¶ 4.
In the Response, plaintiff alleges that Mr. McCarthy produced medical records "that he knew had been altered" in the case captioned, "Letoni Wilson, Mother and Next Friend of Tirese Johnson, a Minor Child v. Dr. Phyllis James and New Castle Family Care." Plaintiff alleges that, in a letter to Preferred Professional Insurance Company, Mr. McCarthy "wrote that Mason Turner, Esquire, attorney for the physician's assistant, Montague, informed him that both James and Montague had altered their respective medical records." Plaintiff further alleges that "McCarthy also wrote that Turner provided copies of the original medical records before they had been altered."
C.A. No. 07C-04-025-PLA. (Hereinafter "Wilson v. James.")
Response ¶ 5.
Id.
Please be advised that the Court has referred this matter to the Office of Disciplinary Counsel.
Mr. McCarthy and Mr. Turner and their respective law firms shall preserve all files, letters, memoranda, and any other documents or items relating, pertaining or referring in any way to the defense of James and Montague in Wilson v. James, and shall make those documents/items available for review by the Office of Disciplinary Counsel upon request by that agency.
Mr. McCarthy shall advise the Court within five (5) days of any other matters in which he has been admitted, or has requested admission, pro hac vice in any court in the State of Delaware.
IT IS SO ORDERED.