LEO: Pleadings/Inadvertent Error LE Op. 561
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