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Legal Memorandum: Attorney's Right to an Interlocutory Appeal

Issue: Does an attorney have the right to an interlocutory appeal over the imposition of sanctions, or must he or she wait until final judgment has been rendered?

Area of Law: Ethics & Professional Responsibility, Litigation & Procedure
Keywords: Interlocutory appeal; Imposition of sanctions
Jurisdiction: Virgin Islands
Cited Cases: None
Cited Statutes: None
Date: 07/01/2007

In the absence of appellate review, the Superior Court’s judgment of disqualification and misconduct, based on its reading and interpretation of the Rules of Professional Conduct, becomes incapable of review and elevates the trial court to the level of final arbiter on the matter.  To withhold review would treat Rule 1.10 differently from every other Rule of Professional Conduct and “craft policy . . . exception[s] to the Model Rules” not recognized or contemplated by the Rules themselves.  Denis v. Hess Oil V.I. Corp., Civ. No. 606/2004 (V.I. Super. Ct. Oct. 20, 2006). 

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