An attorney must have a factual basis for alluding to, offering, or relying on evidence at trial. That factual basis may not be wishful thinking. There are two requirements for a factual basis — an attorney’s subjective belief, and objective evidence to support that belief.
But none exist here Not one document, reference, record, or any other materials exist that are chronologically consistent with these documents being before the board in 2012.
The only document that exists is the litigation packet date-stamped a month after the hearing
I asked Bertram to either provide the factual basis or admit to the false statements. He’s been ignoring me and will not answer.
The whole picture depicts the respondent as an attorney who, when it serves his advantage, is willing to violate clear norms of professional responsibility and to engage in purposeful deceit which harms others.“
The privilege of practicing law does not come without the concomitant responsibility of truth, candor, and honesty. Because no single transgression reflects more negatively on the legal profession than a lie, attorney misconduct involving dishonesty justifies disbarment.” Id. (quoting In re Young’s Case, 913 A.2d 727 (N.H. 2006)).
No matter what it takes I am going to make sure that is a certainty in this case
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