The rules of civil procedure for DC (based, apparently, on the same rule in the Federal courts), clearly makes the lawyers responsible for the pleadings that they file. See Rule 11 “Signing of Pleadings … Representations to Court; Sanctions” at: http://www.dccourts.gov/internet/documents/Civil-Rules-Jan-2012.pdf
If Mann has submitted an affirmative affidavit (as suggested by Texas95 may sometimes occur) then he would be on the hook for any false factual claims for which he was responsible, if such affidavit is filed with the court. Such affidavits, however, do not appear specifically to be required: Rule 11(a) “…Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. [...]”
The obligation with respect to factual contentions is as follows:
“11 (b) Representations to Court. By presenting to the court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other filing, including an electronic filing, an attorney or unrepresented party is certifying that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, [...]
(3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.”
On the narrow point of direct responsibility for the pleadings, absent a supporting affidavit from Mann which includes untrue statements (and otherwise falls afoul of the exceptions in 11(b), and subsection 3 and 4 of the rules), the law firm is on the hook for the pleadings, not Mann (though, the lawyers may be very unhappy with their client).
There is a process for correcting pleadings and sanctions do not bite until after that process is completed. Rule 11(c) reads:
“(c) Sanctions. If, after notice and a reasonable opportunity to respond, the court determines that subdivision (b) has been violated, the court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation.”
(1) How Initiated.
(A) By Motion. A motion for sanctions under this rule shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b). It shall be served as provided in Rule 5, but shall not be filed with or presented to the court unless, within 21 days after service of the motion (or such other period as the court may prescribe), the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected. […]”
Note that the sanctions on “parties” appear to bite only when the party is representing himself or herself.
At this point in time, notwithstanding Nick’s speculative attempt to infer that the pleadings are drafted almost solely by the lawyers (comment on 11 Sept at 6:36) without reference to Mann (because Nick believes that much of the information is based on public documents), we do not have sufficient information on the process at work to arrive at such a conclusion. My experience (largely Canada and the UK; some experience with American pleadings as an off-shoot of work on a large international fraud case), is that lawyers always review the pleadings in detail with the clients. This is particularly true where factual claims about the client (and matters such as his role/involvement in certain matters) are being made. Such an approach is good practice and a law firm takes a great risk if they haven’t confirmed such information with the client in detail. Identification of the various inquiries which are claimed to have “exonerated” Mann (even though most such inquiries did not actually review his work), were likely identified initially by Mann to the lawyers. The content of the pleadings would then have been reviewed with him – in other words, he would have been asked by the lawyers to confirm that their interpretation was correct. While local practice may vary (and there may be nuances which have developed in the application of these rules of which I’m not aware), it’s would be a very brave or foolish lawyer who files principal documents in a case without a close and detailed review with the client.