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August 16, 2018

Law Professor: Potential “Ethics Violation” In TCPA Lawsuit Filed on Behalf of Man Who Passed Away

A University of Virginia Law professor said a Telephone Consumer Protection Act lawsuit on behalf of a man who passed away last March “would be an ethics violation” if the lawyers knew the client had died before filing the suit, Legal Newsline reports in Forbes.

Professor George Cohen said if the lawyers knew the client “had died at the time the lawyer filed the complaint, stating in the complaint that the plaintiff is a resident of Virginia and living in the district would be an ethics violation.” The lawsuit states that the plaintiff, who passed last March, “is a resident of Virginia and lives in this District and Division.”

Professor Cohen also said that the lawyers may be sanctioned for the suit if they failed to “ascertain that the client was still alive and willing to file the complaint.” It would also be an ethics violation for “knowingly disobeying a procedural rule,” he said.

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