Newly-discovered Evidence

In 2008 Mark filed a complaint against his trial attorney with the New Jersey Bar Association; Mark simultaneously filed a legal malpractice lawsuit against the trial attorney.  Consider the following contradicting transcripts from each and judge for yourself:

  1. On May 15, 2008  the attorney told the NJ State Ethics Committee that, "all plea offers made to me by the Federal Authorities were communicated to Mr. Lanzilotti...Mr. Lanzilotti rejected all offers to plead guilty because he insisted he was innocent."                (This is simply not true! Read on...)
  2. Six months later, on November 6, 2008, the attorney wrote a letter to an investigating attorney on the Ethics Committee saying, "No plea offers were ever conveyed to me by the U.S. Attorney handling the federal matter."
  3. At the same time as this ethics investigation, Mark filed a lawsuit against the attorney for legal malpractice.  The suit was filed on March 26, 2008 in the Superior Court of New Jersey, Camden County.  Mark charged in the  lawsuit that, among other things, the attorney knowingly labored under a conflict of interest and failed to inform Mark of the U.S. Government's plea offers.
  4. On September 5, 2008, in response to the lawsuit, the attorney, through his own attorneys, said that, "All offers of plea agreements were relayed by defendants (trial lawyer) to Plaintiff (Mark)."
  5. Then, 5 months later, on February 20, 2009, the lawyer claimed in his "Answers and Objections to Plaintiff's Interrogatories" when  specifically asked to "State any and all plea agreement offers extended to Plaintiff (Mark) in the federal matter during the time of defendant's representation."  Answer: "No plea agreements were offered."
  6. A year later, on March 11, 2010, the trial attorney flip-flopped again, saying in a "Motion for Summary Judgment" to dismiss the lawsuit, that "the only evidence is that (the attorney) fully informed Plaintiff (Mark) of all offers by the Government."
  7. Finally, 5 months later, on August 9, 2010, during a deposition of the attorney, the topic of the plea offers was presented.  He was asked, "And after you told him about the Government's offer...".  The attorney cut off the question and replied, "I don't know if there was a Government offer."