Category Archives: Lawyer criminal conduct

Georgia Supreme Court rejects lawyer’s agreement for reprimand for threatening and improper e-mails in his divorce case

Hello everyone and welcome to this Ethics Alert which will discuss the recent opinion of the Georgia Supreme Court rejecting an agreement between a lawyer and the Georgia Bar for a reprimand as a sanction for the lawyer’s “inappropriate threatening language, intimidation and personal attacks directed to opposing counsel” during his divorce case. The case is In the Matter of John Michael Spain, No. S17Y0010 (February 27, 2017) and the Court’s opinion is here:  http://www.gasupreme.us/wp-content/uploads/2017/02/s17y0010.pdf

The lawyer, who was admitted in Georgia in 1999, sent the e-mails over a period of two days while he was representing himself in his divorce matter.  He pled no contest to misdemeanor charges of stalking and harassing communications related to the e-mails and was sentenced to one year of probation on each count to be served consecutively.

In the agreement with the Georgia Bar, the lawyer admitted that the e-mails included “inappropriate threatening language, intimidation and personal attacks directed to opposing counsel, including inappropriate remarks about counsel and members of her family, and ad hominem statements about his wife.”

The lawyer cited as mitigating factors that he had no prior discipline and that he was suffering from his personal and emotional problems related to the marriage and stated that he has received professional help for his problems and he has retained a lawyer to represent him in the divorce.  He also stated that acted in good faith to rectify the consequences of his conduct by entering the pleas, that he has cooperated fully with the Bar, that his misconduct did not involve his practice or his clients, that he was deeply remorseful and recognized that his conduct was contrary to his professional obligations and longstanding personal values, and that he wished that he could reverse his actions.

The Georgia Bar agreed to the reprimand under the “unique set of circumstances’; however, after reviewing the record and relevant cases, and analyzing the facts, the opinion rejected the petition for voluntary discipline for a reprimand.

Bottom line:  This case involves some allegedly egregious conduct by a lawyer who was representing himself in his own divorce proceeding.  A lawyer is responsible for his or her actions, even if the conduct occurs outside of the representation of a client if they result in violations of the Bar Rules.  This also appears to clearly demonstrate the application of the old proverb, commonly attributed to Abraham Lincoln (although likely much older), that: “A man who acts as his own lawyer has a fool for a client”.

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

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Filed under Attorney discipline, Attorney Ethics, joe corsmeier, Joseph Corsmeier, Lawyer criminal conduct, Lawyer derogatory remarks, Lawyer discipline, Lawyer discipline for criminalconviction, Lawyer disparaging statements to opposing counsel in own divorce, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer threatening e-mails, Lawyer threats and discipline

Former Ohio lawyer sentenced to 12 years in prison for hypnotizing and sexually abusing multiple female clients

Hello everyone and welcome to this Ethics Alert which will discuss the recent sentencing of a former Ohio lawyer to 12 years in prison for hypnotizing and sexually abusing female clients.

According to media reports, the lawyer, Michael Fine, was sentenced to 12 years in prison on November 14, 2016 and he was also ordered to register as a sex offender for 25 years.  The lawyer was scheduled for trial on Sept. 19, 2016; however, he pled guilty to five counts of kidnapping with sexual motivation and one count of attempted kidnapping about a week before the trial was scheduled to open.

A criminal investigation into the lawyer began in 2014 after a female client discovered that her underwear was disheveled and she also could not recall what had occurred following meetings with the lawyer.  The investigation continued after over 20 women come forward with similar complaints and a former client also began tape recording her conversations with the lawyer.  The recordings showed that the lawyer “began to use ‘code’ words that induced (her) to enter a trance-like stage”.

The lawyer is 59 years old and had practiced law since 1981.  His license was temporarily suspended in November 2014 after a local  Ohio bar association filed a motion with the Ohio Supreme Court stating that the lawyer had “utilized hypnotic therapy to facilitate the impairment of and sexual exploitation of his clients” and requesting that the lawyer be suspended.  The lawyer later submitted an application for resignation, which was granted on August 17, 2015.  That order is here: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2015/2015-Ohio-3265.pdf

Bottom line:  This lawyer engaged in despicable acts which resulted in his removal from the roll of lawyers in Ohio and 12 years in state prison.  This type of predatory criminal conduct is inexcusable and diminishes the reputation of the entire legal profession and also the respect of the public.

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.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, ad 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

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Filed under Attorney discipline, Attorney Ethics, joe corsmeier, Joseph Corsmeier, Lawyer criminal conduct, Lawyer criminal misconduct sexual abuse by hypnotism, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer resignation in lieu of discipline/disbarment, Lawyer sanctions, Lawyer sex with client, Lawyer sexually abusing clients

Minnesota lawyer suspended for, inter alia, making false and/or misleading statements related to trip which caused missed court dates

 

Hello everyone and welcome to this Ethics Alert which will discuss recent Minnesota Supreme Court opinion suspending a lawyer for making false or misleading statements related to a Paris trip which caused her to miss a trial and  court dates.  The opinion is In re Petition for Disciplinary Action against Mpatanishi Syanaloli Tayari-Garrett, Case No. A14-0995 (July 1, 2015) and is online here: http://www.mncourts.gov/mncourtsgov/media/Appellate/Supreme%20Court/Standard%20Opinions/OPA140995-070115.pdf

According to the opinion, the lawyer is admitted to practice in Texas and Minnesota.  She requested a continuance of a May 2, 2011 trial for her client in a criminal matter in Minnesota.  Before a hearing was held on the motion, the lawyer had purchased a nonrefundable round-trip airline ticket to attend her brother’s wedding in Paris, France from May 4, 2011 to May 9, 2011.

The trial court denied the lawyer’s motion to continue and another lawyer who showed up on the lawyer’s behalf on the May 2, 2011 trial date said she had informed him that she was hospitalized in Dallas.  The court granted a continuance for one day and ordered the lawyer to provide documentation of the circumstances surrounding her hospitalization and also the arrangements she had made to travel from Dallas to Minneapolis for the May 2, 2011 trial.  The lawyer failed to attend the May 3, 2011 hearing.

The lawyer later provided documents showing that she was hospitalized on May 2, 2011; however, she was released the next day.  On May 4, 2011, she traveled to Paris.  While she was in Paris, the lawyer attended a May 5, 2011 hearing on a motion for an order to show cause as to why she should not be held in contempt by telephone. The lawyer discussed her illness but did not reveal that she was in Paris at that time.  According to the opinion, “(d)uring the hearing, the court scheduled a contempt hearing for May 9.  In response, the lawyer stated, ‘I have a follow-up appointment next week so I cannot, and I believe the Court is aware of that, that I cannot be there on Monday [May 9].’  (The lawyer) did not appear for the May 9 hearing either in person or by telephone.  In fact, at the time of the May 9 hearing, Tayari-Garrett was en route from Paris to Dallas.”

The referee found the lawyer guilty of multiple Bar Rule violations, including committing a criminal act, misrepresentation, and conduct prejudicial to the administration of justice, and also found aggravating factors that included lack of remorse and refusal to acknowledge the wrongful nature of her conduct.  The referee also recommended that the lawyer be indefinitely suspended no right to petition for reinstatement for a minimum of 120 days.

The Minnesota Supreme Court upheld the referee’s findings and the suspension is effective 14 days from the date of the filing of the July 1, 2015 opinion.  The lawyer will not be eligible to petition for reinstatement for a minimum of 120 days from the date of the suspension and any reinstatement will be conditional on the lawyer’s successful completion of the professional responsibility portion of the state bar examination and satisfaction of Minnesota continuing legal education requirements.

Bottom line:  According to this opinion, this lawyer failed to appear at a hearing and lied to the court regarding the circumstances surrounding her failure to appear and she was also convicted of a criminal misdemeanor for contempt of court.  She received an indefinite suspension will not be eligible to petition for reinstatement for a minimum of 120 days from the date of the suspension.  This is an example of the application of the quote by Sir Walter Scott in 1808 (often misattributed to Shakespeare), “Oh what a tangled web we weave, When first we practice to deceive.”  Another jurisdiction may well have imposed a harsher sanction.

Don’t do this…and be careful out there.

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.

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

 

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Filed under Attorney discipline, Attorney Ethics, Attorney misrepresentation, dishonesty, joe corsmeier, Joseph Corsmeier, Lawyer conduct adversely affecting fitness to practice, Lawyer conduct prejudicial to the administration of justice, Lawyer criminal conduct, Lawyer discipline, Lawyer discipline for criminalconviction, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer false statements, Lawyer misrepresentation, Lawyer sanctions

Indiana assistant public defender suspended for one year for texting prostitute to a cell telephone in police custody and soliciting prostitution

Hello everyone and welcome to this Ethics Alert which will discuss the recent Indiana Supreme Court opinion suspending an assistant public defender for one year for, inter alia, sending a text to a person who he believed was a prostitute to a cell telephone in police cust

ody and soliciting that person for prostitution, and then meeting an undercover police officer at a hotel to solicit sex from her.  The opinion is In the Matter of: Christopher A. Hollander, No. 49S00-1402-DI-118 (Ind. SC March 24, 2015) and the link to the disciplinary opinion is here: http://www.in.gov/judiciary/opinions/pdf/03241501per.pdf

According to the opinion, “H.S., using a fictitious name, had placed an online classified advertisement for escort services that listed her cell phone number.  At some point, H.S. was arrested by the Indianapolis Metropolitan Police Department (“IMPD”) for engaging in prostitution.  Respondent had seen and remembered H.S.’s classified advertisement, and when Respondent came across a police report containing the same phone number, he was able to determine specific arrest information regarding H.S. and thereafter identify her.”

The lawyer, who was an assistant public defender, texted that telephone number in November 2012 believing that the text was going to H.S.; however, the telephone was actually in the possession of the Indianapolis police and an officer impersonating the woman responded to the text.  The lawyer told the officer impersonating H.S. that he could help her with her situation and that he would “work with her” with regard to the attorney fees.  The lawyer set up a time to meet the undercover office who he believed to be H.S. and went to a hotel to meet her in December 2012. When the lawyer arrived at the hotel, he tried to hug and kiss the officer impersonating H.S. and made statements indicating that he wanted sex with her in exchange for legal services.

The lawyer and the Indiana Bar stipulated to the facts and to a one year suspension.  In mitigation, “(1) Respondent has no prior discipline; (2) following his arrest, Respondent sought help from the Indiana Judges and Lawyers Assistance Program (“JLAP”), he has been under a JLAP monitoring agreement, and he has been receiving psychological therapy and treatment; (3) Respondent was candid with police immediately following his arrest; and (4) Respondent has expressed remorse for his behavior.

The Indiana Supreme Court accepted the stipulation and suspended the lawyer for a minimum of one year with the requirement that he petition for reinstatement at the end of the suspension period and meet the requirements for reinstatement, which include satisfying “the burden of demonstrating by clear and convincing evidence remorse for his misconduct, a proper understanding of the standards imposed upon members of the bar.”

Bottom line:  This case involves lawyer who apparently abused his position as an assistant public defender to obtain information on an alleged prostitute for purposes of solicitation and then actually solicited an undercover police officer for prostitution at a hotel.   The lawyer had no previous discipline, was fully cooperative, and is receiving psychological therapy and treatment; however, he received a one year rehabilitative suspension for the misconduct.  I am not sure what might be more embarrassing for a lawyer than this type of misconduct and discipline.

Be careful out there (and please don’t do this).

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.

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

 

 

 

 

 

 

 

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Filed under Attorney discipline, Attorney Ethics, joe corsmeier, Joseph Corsmeier, Lawyer conduct adversely affecting fitness to practice, Lawyer conduct prejudicial to the administration of justice, Lawyer criminal conduct, Lawyer discipline, Lawyer discipline alleged sexual misconduct, Lawyer discipline for criminalconviction, Lawyer discipline soliciting prostitution, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer sanctions

Kentucky lawyer permanently disbarred after pleading guilty to felony “flagrant non-support” for failing to pay over $200,000.00 in child support

Hello everyone and welcome to this Ethics Alert blog which will discuss a recent Kentucky Supreme Court opinion disbarring a lawyer after the lawyer pled guilty to felony “flagrant non-support for failing to pay over $200,000.00 in child support. The case is Kentucky Bar Association v. Daniel Warren James, Case No. 2014-SC-000499-KB (Ky. SC February 19, 2015) and the opinion is here: http://opinions.kycourts.net/sc/2014-SC-000499-KB.pdf.

According to the opinion, the lawyer pled guilty in 2012 to a felony charge of “flagrant non-support”, received 5 years in prison with probation for 10 years and was ordered to pay $233,000.00 in restitution. On February 8, 2013, after the plea was entered, the Kentucky Bar Association Inquiry Commission filed a complaint against the lawyer and he failed to respond.

On March 11, 2014, the Commission filed formal charges against the lawyer. Count I alleged misconduct for committing a criminal act reflecting adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer and Count II alleged misconduct for knowingly failing to respond to the February 8, 2013 complaint. The lawyer again failed to respond and was defaulted.

The lawyer had previously been suspended for five years for a multiple acts of misconduct, including not returning unearned fees, misappropriating client money for personal use, and altering billing statements. The lawyer admitted that misconduct and claimed that it was a result of the discontinuation of medication that he was taking for a mental health condition. As a condition of that suspension, the lawyer agreed to seek treatment through Kentucky Lawyer Assistance Program (KYLAP) and to continue treatment as needed during the suspension period.

On August 21, 2014, the Kentucky Board of Governors filed its Findings of Fact, Conclusions of Law and Recommendations with the Supreme Court and unanimously recommended that the lawyer be found guilty and that he be permanently disbarred. In aggravation, the Board noted the $233,000.00 child support arrearage that the lawyer had failed to pay over a thirteen year period, his prior discipline, most of which involved the misuse of client funds, and his failure to respond to his clients and the Bar.

The Supreme Court opinion noted that a lawyer in Kentucky had never been disciplined for criminally failing to pay child support; however, it found that the conduct violated the lawyer’s duty “’to conduct (his) personal and professional life in such manner as to be above reproach’. Grigsby v. Kentucky Bar Ass’n, 181 S.W.3d 40, 42 (Ky. 2005). ‘Failing to pay court ordered child support encompasses several breaches, including: failure to satisfy the statutory obligation of supporting one’s child; failure to follow a court order; and violation of the attorney’s duty recognized in Grigsby.’” The lawyer was permanently disbarred.

Bottom line: This sole practitioner apparently had serious mental health issues which destroyed his practice and resulted in his permanent disbarment. All lawyers, especially solos, must address the extreme stress involved in the practice of law and be fully aware of the consequences of personal and professional misconduct (including willful or “flagrant” failure to pay child support) that may be triggered due to the stress of practice (and life) and seek medical help.

Be careful out there.

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.
2454 McMullen Booth Road, Suite 431
Clearwater, Florida 33759
Office (727) 799-1688
Fax (727) 799-1670
jcorsmeier@jac-law.com
http://www.jac-law.com

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Filed under Attorney discipline, Attorney Ethics, deceit, dishonesty, fraud, joe corsmeier, Joseph Corsmeier, Lawyer conduct adversely affecting fitness to practice, Lawyer conduct prejudicial to the administration of justice, Lawyer criminal conduct, Lawyer disbarment, Lawyer discipline, Lawyer discipline for criminalconviction, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer flagrant and willful failure to pay child support, Lawyer Professionalism, Lawyer sanctions, Lawyer wilful failure to comply with court order

Colorado lawyer suspended for 6 months for making threatening call to Charles Schwab office after he was locked out of spouse’s 401k account

Hello everyone and welcome to this Ethics Alert blog which will discuss the recent Colorado Supreme Court opinion suspending a lawyer for 6 months for making a threatening call to an Arizona Charles Schwab office after he was locked out of his spouse’s 401k account. The opinion is In the People v. Stuart Adam Jay, 14PDJ030 (5/13/14) and a summary of the disciplinary opinion on the Colorado Supreme Court’s website is here:
http://www.coloradosupremecourt.us/PDJ/ConditionalAdmission/Jay,%20Conditional%20Admission%20of%20Misconduct,%2014PDJ030,%205-13-14.pdf

According to the case summary on the Colorado Supreme Court’s webpage, on November 13, 2013, the lawyer made a threatening phone call to an Arizona Charles Schwab office because he was locked out of his wife’s 401k account and wanted access. He made threats against the Denver Charles Schwab office, stating that if he “did not gain access to his wife’s account innocent people at the Denver office would be ‘hurt’ and the office would be ‘gone.’”

The Denver police department sent two officers to the lawyer’s residence and he answered the door holding a “two-foot long antique bayonet”. The officers pulled their firearms and told the lawyer to drop the sword. He complied and was taken to jail and charged. The lawyer pled guilty in January 2014 to a charge of felony menacing and was sentenced to two years deferred judgment and supervised probation.

The lawyer self-reported the criminal conviction and agreed to a conditional admission that he violated Colorado Bar Rule 8.4(b), which prohibits a lawyer from committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.

According to the summary, “(the lawyer’s) lengthy struggle with depression, anxiety, and treatment for those conditions may have contributed to his misconduct.” The conditional admission of misconduct was approved and the lawyer was suspended for six months effective May 13, 2014 with a requirement that he petition for reinstatement to practice.

Bottom line: This lawyer appears to have had serious stress/depression/anxiety issues which caused a complete breakdown and the bizarre behavior. Stress can be any lawyer’s worst enemy. Hopefully he will get help and will be able to recover and return to practice.

Let’s be careful out there.

Disclaimer: this Ethics Alert blog is not an advertisement and 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
http://www.jac-law.com

Leave a comment

Filed under Attorney discipline, Attorney Ethics, joe corsmeier, Joseph Corsmeier, Lawyer conduct adversely affecting fitness to practice, Lawyer conduct prejudicial to the administration of justice, Lawyer criminal conduct, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer threats and discipline