On April 26, 2005, after a trial, United States District Judge Mark Filip entered judgment in favor of a Novack and Macey LLP client. That client is one of the nation’s largest and leading law firms (the “Law Firm”). The judgment dismissed a $30 million malpractice claim against the Law Firm asserted by a former client (the “Former Client”) as a sanction because of his fabrication of documents to support his claim and because he committed perjury in defending against the fabrication charge. Judge Filip also ordered the Former Client to pay the Law Firm in excess of $350,000 in attorneys’ fees. The Law Firm was represented by Stephen Novack, Donald A. Tarkington, Steven J. Ciszewski and Kenneth M. Abell of Novack and Macey.

The Law Firm sought dismissal of the Former Client’s claims as a sanction for his production of three fabricated documents in the case. Given the extraordinary nature of the Law Firm’s motion, in January 2005, Judge Filip presided over a two-day trial regarding the fabricated documents. In his subsequent 67-page written opinion, Judge Filip stated that “the Court cannot help but conclude that [the Former Client] wilfully and intentionally attempted to perpetrate a fraud on the other parties in this case, on the system of civil justice generally, and on the Court.” In addition to finding that the Former Client fabricated the documents, Judge Filip concluded that the Former Client “repeatedly, knowingly, and intentionally offered materially false testimony in connection with the [trial].”

Judge Filip noted, in particular, the telling cross-examination of the Former Client by Mr. Novack, stating that the Former Client “was often combative, offered inconsistent testimony, or could not answer questions on cross-examination in a meaningful manner at all.” Judge Filip found that, during Mr. Novack’s cross-examination, the Former Client “was caught in a lie [and] offered an evasive answer in contrived and nervous testimony that made clear he was lying.”