Help

BI’s Article search uses Boolean search capabilities. If you are not familiar with these principles, here are some quick tips.

To search specifically for more than one word, put the search term in quotation marks. For example, “workers compensation”. This will limit your search to that combination of words.

To search for a combination of terms, use quotations and the & symbol. For example, “hurricane” & “loss”.

Login Register Subscribe

Comp attorney suspended for texting adjuster during deposition

Reprints
texting

A workers compensation attorney was issued a 30-day suspension and ordered to pay costs to The Florida Bar for improperly texting his witness during a deposition and inadvertently texting advice for the witness to opposing counsel.

In The Florida Bar v. James, a referee in the Supreme Court of Florida recommended that attorney Derek Vashon James, who texted advice to a witness while she gave testimony via a phone call, pay $2,800 in costs and be suspended for a month for his actions.

Mr. James, who represented an insurer in a workers compensation dispute, was heard texting by opposing counsel during the deposition of his witness, an adjuster, but claimed he was just texting his daughter. When he later inadvertently texted advice meant for the adjuster to the claimant’s attorney, she halted the testimony and asked the judge to order Mr. Brown to produce the texts he sent during the deposition.

Although Mr. James argued that he thought since the adjuster was not sworn in for the testimony that he didn’t believe communicating with her was improper, the judge in the proceeding found that some of the texts could constitute “witness coaching” and The Florida Bar filed a complaint against Mr. James, charging him with misconduct and minor misconduct.

Although two witnesses testified that Mr. James had a reputation of honesty and fairness, the referee found that Mr. James was “dishonest by secretly coaching the witness as to what to say and by lying to opposing counsel about his texting” and should receive a month-long suspension and financial penalty.

The Florida Supreme Court will review the referee decision and issue a final order on the decision.

 

 

 

 

 

Read Next