LEO: Pleadings/Inadvertent Error  LE Op. 561

 

Pleadings/Inadvertent Error.

 

April 10, 1984

 

Following a favorable court ruling, an attorney prepared a decree

reflecting the ruling, which inadvertently provided for the release of the

entire claim instead of the more narrow aspect of the claim on which the

court had ruled. The effect of the ruling, now final, would apparently be

to preclude the raising of the issue not actually ruled on by the court.

 

Given that no intentional misrepresentation or misstatement was made to

the court, it is not improper for the attorney to now assert the

affirmative defense of res judicata. The attorney must concede the factual

circumstances, however, if and when the adversary raises the issue of the

inadvertent nature, of the preclusion ruling.

 

Committee Opinion April 10, 1984