Noteboom The Law Firm

VA General Counsel Put on the Defense

June 09, 2010 - The House Committee on Veterans Affairs Subcommittee on Oversight and Investigation held a hearing to discuss issues the OGC is facing, including:

• Case backlogs;
• Incomplete and/or false contracting information;
• Delayed health directives; and
• Allegations of legal malpractice.

General Counsel for the VA, Will Gunn, denied any wrongdoing by his attorneys and insisted they operate at an ethical and high performing level. Chairman Harry Mitchell (D-Ariz) considers these problems fairly important when the OCG's was just granted a budget increase and are already asking for another one for next year. If there are questions about the funded services not serving the best interests of the veterans or the public, asking for more money becomes a hard sell.

Matthew Tulley is a partner in one of the firms that represents VA employees when they sue the VA. Tulley testified to the committee that VA OGC attorneys are in a constant state of violating legal professional ethical stands. Tulley went on to say creating an independent office of professional responsibility would likely put the kibosh on attorneys acting improperly. Tully provided a list of what he considered the most widespread offenses: 

• Witness badgering;
• Mooting (a delay tactic);
• Threats of punitive action in the workplace; and
• Document falsification.

Gunn has been in office for a year and claimed this is the first time he has ever heard of anything like the claims Tully made. Gunn did take the proactive step of establishing an internal review process to handle complaints focusing on unprofessional conduct levied against people from his office.