New Mexico lawyer videotaped breaking into client’s ex-husband’s home and asking client for a hug is convicted of theft and trespassing

Hello and welcome to this JACPA Ethics Alert blog which will discuss the recent media reports about a New Mexico divorce lawyer who helped his female client break into her ex-husband’s home, was videotaped asking the client for a hug during the crime, and later pleaded guilty to misdemeanor larceny and trespassing.  He was recently sentenced to serve 334 days of supervised probation, complete 100 hours of community service and pay $5,000.00 in restitution and $2,500.00 in fines.

According to the reports, the criminal charges arose when the Alamogordo New Mexico Police Department responded to a 911 call at the home of Anthony Stonecipher on Oct. 28, 2011.  Mr. Stonecipher claimed that his ex-wife and the lawyer were attempting to break into his home but by the time the police arrived, the lawyer and his client were gone; however, their actions were captured on surveillance video installed by the ex-husband.

The videotape shows the lawyer initially trying to get in the home by kicking in the front door.  Mr. Stonecipher and a roommate then leave through a back door and an outside surveillance video then shows the lawyer confronting Mr. Stonecipher and attacking his vehicle, causing damage to the driver’s side window.  Mr. Stonecipher can be heard on the videotape warning the lawyer about the cameras and the lawyer responds by mocking him.

After Mr. Stonecipher left the scene, the video shows the lawyer forcibly breaking in through a back door and he and his client then entering the residence.  At one point on the videotape, the lawyer can be seen approaching his client and saying: “I need a hug … I need some relaxation.”  After the hug, the lawyer and the client open the front door and the lawyer tells his office staff to gather items and “act quickly” because they did not have much time.  The video also shows the lawyer removing and destroying several “No Trespassing” signs posted throughout the residence and the individuals take documents, truckloads of furniture, and the family pet.  The lawyer apparently had no legal authority to enter the residence and remove any property and he pled guilty to the crimes of misdemeanor larceny and trespassing.

According to the media reports, at the sentencing hearing held on March 13, 2012, the lawyer apparently stated he did not have time to get an Order from the Court because the incident occurred late on a Friday afternoon.  He also apparently stated that “if Stonecipher would have just opened the door, none of this would have happened.”

The prosecutor disagreed and stated “(t)his was a home invasion disguised as a legal process.  (The lawyer) gathered his crew of employees and his client, pulled up to the house in droves and demanded entry.  When he couldn’t get in, he intimidated the victim into leaving his own property and then forced his way into the house where he and his posse cleaned this victim out. It was a planned attack against a person and his property, without any legal backing at all, and (the lawyer) needs to be punished.”  The prosecutor also argued that lawyer is a habitual criminal since he has two prior felony drug convictions.  According to the reports, the lawyer also was “temporarily disbarred” for possession of cocaine in 2002.

Bottom line:  This is quite a bizarre story and it is very likely that the New Mexico Bar will be investigating this lawyer, if it is not investigating already.  Hopefully, I don’t need to ask or tell anyone not to do this…

…and be careful out there!

As always, if you have any questions about this Ethics Alert or need assistance, analysis, and guidance regarding these or any other ethics, risk management, or other issues, please do not hesitate to contact me.

THE LAW OFFICE OF JOSEPH A. CORSMEIER, P.A.

PROVIDES ETHICS ADVICE AND EXPERT OPINIONS TO LAWYERS AND LAW FIRMS

DEFENDS LAWYERS IN BAR MISSION AND DISCIPLINE CASES

(AND MUCH MORE!)

My law firm focuses on review, analysis, and interpretation of the Rules Regulating The Florida Bar, advice and representation of lawyers in Bar disciplinary matters, defense of applicants for admission to The Florida Bar before the Board of Bar Examiners, defense of all Florida licensed professionals in discipline and admission matters before all state agencies and boards, expert ethics opinions, and practice management for lawyers and law firms.  If there is a lawyer or other Florida professional license involved, I can defend the complaint or help you get your license.

If you have any questions or comments, please call me at (727) 799-1688 or e-mail me at jcorsmeier@jac-law.com.  You can find my law firm on the web at www.jac-law.com. In addition to handling individual cases, matters, problems and issues for my clients, I also am on retainer to provide ethics advice to numerous lawyers and law firms throughout the state of Florida.  I also provide legal assistance and advice to numerous individuals and non-legal entities to help insure compliance with the law and rules related to UPL and other issues.

Disclaimer:  this e-mail does not contain any legal advice and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

2454 McMullen Booth Road, Suite 431

Clearwater, Florida 33759

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

NOTICE OF CONFIDENTIALITY:  This electronic communication and the information contained herein is legally privileged and confidential proprietary information intended only for the individual and/or entity to whom it is addressed pursuant to the American Bar Association Formal Opinion No. 99-413, dated March 10, 1999 and all other applicable laws and rules.  If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon the communication is strictly prohibited.  Any unauthorized use, distribution, or disclosure of this communication is strictly prohibited.  If you have received this in error, please notify us immediately by return e-mail at the above telephone number and then delete message entirely from your system.  Thank you for your cooperation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Advertisements

Leave a comment

Filed under Attorney discipline, Attorney Ethics, Florida Lawyer Ethics and Professionalism, joe corsmeier, Lawyer discipline, Lawyer Ethics and Professionalism

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s