“A Boston lawyer has been ordered to show cause why he shouldn’t face further sanctions for allegedly taking advantage of a Zoom deposition to secretly whisper answers to his client.
The lawyer is Jeffrey Rosin, the managing partner of O’Hagan Meyer’s Boston office and an employment litigator. He has been ordered to respond to the show cause order by Nov. 7.
In an Aug. 31 order, U.S. District Judge Indira Talwani removed Rosin from the case and referred him to another judge for possible further action. She refused to dismiss the claims of Rosin’s client, however, deeming that “too severe a sanction.”
The alleged misconduct occurred in litigation involving a school portraits company and a former employee who started a competing company. Rosin represented the former employee. The deposition took place in April. Rosin and his client sat in the same conference room and wore masks.
During the fifth hour of the deposition, the opposing counsel overheard Rosin provide an answer to his client and confronted Rosin. Rosin “rebuffed the allegation and the deposition continued,” Talwani said. After the deposition, the opposing counsel reviewed the video recording and identified more than 50 instances where he could hear Rosin “surreptitiously provide” an answer to his client, who repeated the same answer.”
This article was originally posted in the ABA Journal.
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