Category Archives: Lawyer bad conduct

Ohio lawyer sentenced to 30 days in jail for pleading that “was an attempt to mislead the court, obstruct justice and prejudice the administration of justice”

Hello everyone and welcome to this Ethics Alert which will discuss the recent Court Order imposing a 30 day jail sentence on an Ohio lawyer, who is general counsel to Bowling Green State University (BGSU), for, inter alia, filing a pleading that “was an attempt to mislead the court, obstruct justice and prejudice the administration of justice”. The case is Fitzgerald vs. Fitzgerald, Case No. 2017DR0012.  The April 4, 2019 Order and Notice of Appeal are here: https://images.law.com/contrib/content/uploads/documents/292/April-5-Wood-County-decision.pdf (PDF of Order courtesy of Law.com)

According to media reports, the lawyer is employed as BGSU’s general counsel and vice president, and was representing himself in a divorce proceeding from his wife in the Wood County (Ohio) Common Pleas Court Domestic Relations Division.  He was sentenced to 30 days in jail to begin on April 8, 2019 after a series of incidents during the proceedings.  He was then placed on paid leave by the university and he was also suspended from an appointment as an assistant attorney general through that position.

According to the Order, the lawyer objected to an attorney fee request filed by a lawyer who was representing one of his sons and told the judge he would be filing a grievance against that lawyer.  The Order states that “The Court finds that (the lawyer) was untruthful.  He claims to have filed a grievance against Mr. Mohler.  That was not true, no grievance was filed.  His pleading was an attempt to mislead the court, obstruct justice and prejudice the administration of justice.  Such a grievance, if true, would “impede of eliminate Mr. Mohler from representing his client.  This situation is magnified by the fact that Mr. Mohler has practiced before courts across Ohio, including this one, with calming superior legal skills, cogent writing and impeccable integrity. If Mr. FitzGerald had a grievance, he is duty bound to file it. He did not do so.”

“By his pleadings, e-mails and exhibits, Mr. FitzGerald has, at the least, been unprofessional toward the magistrate, Ms. Heringhaus; his former lawyer, Ms. Shope; the Guardian ad Litem, Ms.Cox; and his opposing counsel, Ms.Engwert-Loyd. During the last telephone pretrial, Mr. FitzGerald attacked Ms. Engwert-Loyd twice.”  The judge also found that the pleading violated the Ohio Rules of Professional Conduct and referred the matter to the Ohio disciplinary authorities.  The lawyer appealed the Order to the Ohio Sixth District Court of Appeals.

Bottom line: this lawyer apparently engaged in the misconduct while representing himself in a divorce proceeding from his spouse.  Notwithstanding the old adage that “he (or she) who represents him or herself has a —- for a client”, according to the Order, he attacked another lawyer who the judge “had practiced before courts across Ohio with calming superior legal skills, cogent writing and impeccable integrity.”

Be careful out there.

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

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.

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Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship 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.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Filed under Attorney discipline, Attorney Ethics, joe corsmeier, Joseph Corsmeier, Lawyer bad conduct, Lawyer conduct adversely affecting fitness to practice, Lawyer conduct prejudicial to the administration of justice, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer misconduct jail sentence, Lawyer sanctions, Lawyer threatening Bar complaint, Lawyer threatening disciplinary charge, Lawyer threats and discipline, Uncategorized

New York lawyer receives four month suspension for “excessively aggressive” and threatening conduct

Hello everyone and welcome to this Ethics Alert which will discuss the recent New York Appellate Court opinion suspending a lawyer for 4 months for engaging in aggressive, threatening, and bizarre conduct. The case is Matter of Bailey, 2019 NY Slip Op 02487 (April 2, 2019).  The disciplinary opinion is here: http://nycourts.gov/reporter/3dseries/2019/2019_02487.htm#2FN

The opinion states that the lawyer engaged in inappropriate conduct several times in 2016.  In one instance, the lawyer barged into an arbitration hearing at his law firm, started taking pictures with his telephone, and said: “This will be in the newspaper when I put this in there after we kick your asses.”

In a second matter, the lawyer threatened the resident of a building owned by a law firm client after that individual had alleged that the owner was overcharging tenants in an online post.  The lawyer demanded that the individual take down the post because it was defamatory and, when this did not occur, the lawyer sent a text to the individual stating that he would use “all means necessary” to protect his client.

The lawyer later called the individual, who recorded the conversation, and said that the resident should kill himself because he was worthless and that he would have him arrested.  The lawyer also said: “(y)ou have no idea what you stepped into . . . Welcome to my world. Now you’re my bitch . . . you’re gonna be paying for this heavily for the rest of your life.”

The Attorney Grievance Committee (AGC) held a hearing on the matter and found that the lawyer’s conduct violated multiple New York disciplinary rules, including threatening criminal charges solely to obtain an advantage in a civil matter and conduct that adversely reflects on counsel’s fitness as a lawyer, and recommended that the lawyer be suspended for three months.

A referee was appointed, who found, inter alia, that the lawyer “engaged in excessively aggressive behavior while representing a client. . . . (,) failed to conduct himself within the bounds of propriety, and . . . violated one or another Rule.’ The Referee found that respondent had never apologized to the arbitrator, the witness whose testimony respondent interrupted, or to Mr. Dawson and “refuse(d) to take full responsibility for his actions, which would include admitting he knew that he was interrupting an arbitration, properly apologizing, and recognizing that his aggressive litigation tactics must be controlled.”  The referee recommended that the lawyer be suspended for 3 months.

The opinion rejected the lawyer’s argument for a public censure because he failed to apologize for his actions and he had been admonished in 2011 and 2014 for aggressive behavior and failing “to conduct himself within the bounds of propriety.”  The opinion also rejected the AGC and referee’s recommendation of a 3 month suspension and imposed a 4 month suspension “until further order of the Court” and required the lawyer to “engage in counseling for a period of up to one year, as determined and monitored by the New York City Bar Association’s Lawyer Assistance Program.”

Bottom line: this lawyer engaged in in bizarre and very aggressive conduct, including stating to an individual (on a recorded line): “Now you’re my bitch … you’re gonna be paying for this heavily for the rest of your life.”  The suspended the lawyer for 4 months and required that the lawyer participate in counseling supervised the Bar’s Lawyer Assistance Program for 1 year.

Be careful out there.

Disclaimer:  this Ethics Alert is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship 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.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

 

 

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Filed under Attorney discipline, Attorney Ethics, joe corsmeier, Joseph Corsmeier, Lawyer bad conduct, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer suspension for “excessively aggressive” and threatening conduct, Lawyer threatening e-mails, Lawyer threats and discipline, Uncategorized