In this case, an Insurance Co. Defense Lawyer Paula Kelly of Carroll, Kelly and Murphy Caused Motion Calendar Judge Patricia Hurst To Dismiss A Wrongful Death Civil Action On A Pre-trial Motion To Dismiss Based Upon A Perceived "failure To Comply With Discovery". Atty. Paula Kelly:
Atty. Kevin B. McBurney responds to a censure article in the Providence Journal which stated in part: The state Supreme Court on Thursday publicly censured lawyer Kevin B. McBurney for filing pleadings "that are replete with false and outrageous libels and accusations directed against" opposing counsel in a medical-malpractice case. "We expect all attorneys to advocate zealously on behalf of their clients. We also expect attorneys to conduct themselves in a courteous, civil and professional manner," the high court said, in imposing the sanction. McBurney's conduct, the court said, "demonstrated more than a lack of civility. Faced with outrageous statements impugning [the opposing lawyer's] character.
Dear Ms. Breton,
I have just been made aware of the above referenced news item that is being presented. First note that I contest this action taken against me by the RI Supreme Court. I did nothing wrong; all I did was report the misconduct of another attorney, which is what I am supposed to do. A solid Wrongful Death case was caused to be dismissed upon pre-trial motion based upon the misconduct that I reported. However, none of the proof in support of the allegations made was ever investigated or properly considered. They were merely swept aside without due consideration. Instead, the focus was placed against me and my actions. The 'tables were turned'.
I would kindly ask whether I would be permitted an opportunity to respond as there are a number of inaccuracies and distortions of fact contained therein. At the outset, I inform you that I have never apologized or retracted away from the truth of any of the allegations that I raised in 2007. I still stand by them all. It's just that there has never been any kind of inquiry or investigation conducted by any court or tribunal. They were all merely swept 'under the rug'. Professional Rule of Conduct 8.3 requires that Attorney report professional misconduct when it is noted and that is all that I had attempted to do. But I have been thwarted and prevented from doing so and, in fact, the tables were turned against me. Furthermore, my clients support me 100% and do not feel that I did them a disservice.
The truth is and the proof exists to support the fact that the Superior Court Judge relied upon a false court order presented when the case was dismissed. There was also a false certification set forth on the same order as well. But I have never been permitted to raise these facts at any time. That is why I am contemplating filing a Federal Court Action to redress the infringement upon my constitutional rights. None of these disciplinary matters against me arose until April 2009, nearly two years after the appeal of the Superior Court decision to dismiss was filed. I filed many pleadings during the interim time and there was no objection or complaint raised at any time until April of 2009. In any event there are many matters that I would discuss with you that would shed light upon this matter to clarify any inaccuracies or misconceptions. There might even be a pandora's box pried open a bit with the collateral issues involved which would be very newsworthy stuff.
For whatever it is worth-my clients are Arab Muslim US citizens and I believe that what is happening to me is merely subterfuge, a ruse. I believe that I am being used as the reason or excuse in order to cause my clients appeal to be dismissed. It is valued at nearly $600,000 that they would be awarded and I just feel that there is some dishonesty involved. If I was permitted to show you the proof as to exactly what I refer to, then you would understand and therefore you might consider permitting me to respond. -- Atty. Kevin B. McBurney