Category Archives: Lawyer discipline

California Bar files disciplinary charges against former Los Angeles City Attorney alleging prosecutorial misconduct

Hello everyone and welcome to this Ethics Alert which will discuss the recently filed disciplinary charges filed by the California Bar against former a Los Angeles City Attorney alleging prosecutorial misconduct during a death penalty case that he handled when he was a Los Angeles County deputy district attorney more than 30 years ago.  The case is State Bar of California v. Carmen Anthony Trutanich, Case No. 16-O-12803 (filed February 9, 2017) and is here:  http://members.calbar.ca.gov/courtDocs/16-O-12803.pdf

The lawyer served as the elected Los Angeles City Attorney from 2009-2013.  He was a deputy district attorney for Los Angeles County prior to that time and, while he was a deputy district attorney, he is alleged to have failed to provide exculpatory information in responding to discovery by withholding the true name and address of a witness from the defendant in the People v. Barry Glenn Williams.  He is also alleged to have failed to correct a police detective’s false testimony regarding the detective’s investigation in 1985 and a murder witness’ false testimony regarding the name a person who was driving a vehicle during a crime in 1986.

A federal judge cited prosecutorial misconduct in overturning the defendant’s murder conviction and death sentence in 2016, which resulted in a review by the California State Bar’s Office of Chief Trial Counsel.  The California Bar is notified when a criminal conviction is reversed because of alleged attorney misconduct.

The lawyer will have an opportunity to respond to the charges, which must be proven by the California Bar and approved by the California Supreme Court before any discipline can be imposed.

Bottom line: This lawyer will be defending very serious allegations that allegedly occurred over 3 decades ago.   As you may already know, criminal prosecutors are held to higher ethics standards and have special responsibilities to seek justice and disclose exculpatory information.  If these allegations are true, this prosecutor not only failed to provide exculpatory information, but also actively participated in providing false information and testimony in the case.  Stay tuned…

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.

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, Attorney misrepresentation, joe corsmeier, Joseph Corsmeier, Lawyer conduct adversely affecting fitness to practice, Lawyer conduct prejudicial to the administration of justice, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer sanctions, Prosecutor misconduct discipline, Prosecutorial misconduct ethics

Michigan board recommends disbarment for lawyer who allegedly lied about, inter alia, being on the 1996 U.S. Olympic team

Hello everyone and welcome to this Ethics Alert which will discuss the recent Michigan Disciplinary Board opinion recommending disbarment for lawyer who allegedly lied about his qualifications and participation on a U.S. Olympic team.  The case is Michigan Grievance Administrator, v. Ali S. Zaidi, Case No. 14-117-GA (January 11, 2017).  The Disciplinary Board’s opinion is here: http://www.adbmich.org/coveo/opinions/2017-01-11-14o-117.pdf

According to the Board opinion, the lawyer made misrepresentations that “run the gamut from outlandish and extravagant to what might be termed modifications of his record inspired by some actual events”.  The lawyer misrepresented and inflated the time of his employment and invented fictional summer associate positions at law firms where he worked at other times.  He was employed for short periods by law firms in Connecticut and Missouri and he falsely claimed that he was admitted to practice in those states.

The lawyer also falsely claimed that he was on the 1996 U.S. Olympic field hockey team and that he had a master of liberal arts from Harvard University.  He also maintained a website that represented that his law firm, called Great Lakes Legal Group, was associated with multiple lawyers at several locations around the country.  The lawyer admitted that this representation was false and that law firm was just an “idea that is still in progress.”

A disciplinary hearing was scheduled before a Board panel.  The lawyer requested that the hearing be continued because of a birthday party for his children and later because he could not obtain child care. The request was denied and the hearing was held without his presence.  The panel found the lawyer guilty, found numerous aggravating factors, and recommended disbarment.

The lawyer filed a petition for review claiming that he missed the hearing because his daughter was recovering from surgery on her eye; however, the disciplinary board found that the lawyer had been provided proper notice and upheld the decision not to continue the hearing.

The lawyer appeared at the sanctions hearing before the panel and admitted that he made misrepresentations regarding his qualifications since he was “scared nobody would hire me if they realized why I was moving around so much…and I wanted to create this impression of longevity and create this impression of consistency of my movements.”

According to the Board opinion, the lawyer “did not present any coherent reason or evidence for his conduct that could be viewed as mitigating, in part, he claimed, because he did not want to inconvenience his character witnesses. Furthermore, he failed to present any argument on what sanction would be appropriate.”

The Board opinion found that, “(c)ollectively, (the lawyer’s) actions are indicative of a cumulative pattern of a lack of honesty and candor, which is contrary to the fundamental characteristics of an attorney. Although respondent does not have any prior discipline, there is no question he has an established track record of deceit. Given the number and pattern of violations, respondent’s dishonesty, and his overall lack of candor and cooperation, the panel properly found that disbarment is appropriate in this case.”

Bottom line:  This a somewhat bizarre case, to put it mildly.  The lawyer appears to have a problem with the truth and apparently tried to justify his actions with self-serving excuses.  The Michigan Supreme Court will now review the case and determine the sanction.

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.

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, Attorney misrepresentation, Confidentiality and privilege, dishonesty, Florida Lawyer Ethics and Professionalism, joe corsmeier, Joseph Corsmeier, Lawyer conduct adversely affecting fitness to practice, Lawyer disbarment, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer false claims on resume and website, Lawyer false statements, Lawyer misrepresentation, Lawyer personal misconduct false internet postings, Lawyer Professionalism, Lawyer sanctions

Arizona lawyer disbarred upon consent for disparaging book about his client Jodi Arias which violated client confidentiality

Hello everyone and welcome to this Ethics Alert which will discuss the recent disbarment of an Arizona lawyer who represented notorious murder defendant Jodi Arias and published a book with disparaging details about the representation and revealing attorney/client confidential information without the consent of the client.  The case is In the Matter of Laurence K. Nurmi, Case No. PDJ-2016-9115.

The lawyer began representing Jodi Arias as an assistant public defender.  She was charged in the lurid and violent murder of her boyfriend in Arizona in 2008 and was found guilty of first degree murder in May 2013; however, the jury was unable to reach a unanimous decision on whether to sentence her to death.

Another sentencing hearing was held in the fall of 2014 and that jury voted 11-1 to sentence Arias to death.  The death penalty vote must be unanimous in Arizona and Arias was subsequently sentenced to life in prison in April 2015.  She has appealed the verdict and sentence.

Sometime in 2015, the lawyer began writing a book detailing his representation of Arias without written/oral permission or authority from Arias to publish or disseminate any information related to the representation.  According to the allegations, the book presents a negative view of Arias and the case.  The lawyer’s self-published book, Trapped with Ms. Arias: Part 1 of 3 From Getting the File to Being Ready for Trial (Volume 1), was released in 2015.

The book includes multiple confidential discussions between the lawyer, Arias, and her family. The book also provides details of the case, makes disparaging remarks, and makes several statements regarding the substance of witness interviews and inadmissible exhibits.  The lawyer also continued to disclose and explain certain facts and circumstances in the book related to his representation of Arias in promotional radio interviews.

In October 2016, the State Bar of Arizona filed a formal complaint against the lawyer for revealing attorney-client confidential information about Arias and her case in the book.  The lawyer attempted to settle the case with a 4 year suspension; however, Jodi Arias objected to that sanction.

Immediately after the announcement of the consent agreement, the Maricopa County public defender, James Haas, objected to the Arizona Bar because the agreement did not specifically order the lawyer to stop violating ethical rules with regard to the Arias case, including revealing confidential information, since the book was listed as one of 3 volumes.

The lawyer filed a request for disbarment on November 14, 2016.  The presiding disciplinary judge accepted the lawyer’s request on November 21, 2016 and issued an order making the disbarment effective the same day.

Bottom line:  This lawyer chose to write a book in a highly publicized and lurid case which disparaged his client and revealed attorney/client confidential information, including conversations with her and her family and disparaging comments.  Aria’s conviction is currently on appeal and it has been alleged that information in the book may jeopardize that appeal.

All lawyers should be aware that, unless the client provides informed consent, a lawyer is strictly prohibited from revealing attorney/client confidential information, even after the representation has been concluded.

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.

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, Attorney/client confidentiality, Attorney/client privilege and confidentiality, Confidentiality, Confidentiality and privilege, Ethics and lawyer withdrawal, joe corsmeier, Joseph Corsmeier, lawyer confidentiality, Lawyer disbarment, Lawyer disbarment personal misconduct, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer sanctions

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

Kansas lawyer suspended indefinitely for, inter alia, engaging in a sexual relationship with the president of a corporation she represented

Hello everyone and welcome to this Ethics Alert which will discuss the recent Kansas Supreme Court opinion suspending a lawyer for engaging in a sexual relationship with the president of a corporation that she represented as general counsel, drafting an employment contract for the person, and failing to report the person’s misconduct.  The opinion is In re Allison L. Bergman, No. 115,448 (Oct. 28, 2016) and the Kansas Supreme Court opinion is here: http://www.kscourts.org/Cases-and-Opinions/Opinions/SupCt/2016/20161028/115448.pdf.

According to the opinion, the lawyer served as outside general counsel for the Kansas City Terminal Railway Company.  During her representation of the company, she began a sexual relationship with the company’s president and board chair (Mader). “From 2002 until January 2012, Respondent and Mader were in a personal, close relationship.  At times the relationship was romantic and sexual. At all times from 2002 to January 2012, the relationship between Mader and Respondent was a very close, deep, meaningful, sustained, loving, caring, intimate and special friendship with frequent social and personal interactions with each other.”

The lawyer failed to disclose the relationship to the corporation’s board.  She later drafted the president’s employment contract and, in addition, the lawyer failed to report to the board the president’s breach of various fiduciary duties that he owed to the corporation.

The opinion states that the Kansas Rules of Professional Conduct, like the ABA Model Rules (and most state Bar Rules), prohibit a lawyer from having “sexual relations with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced.”

“We agree with the hearing panel that probation is not an appropriate disposition.  As the panel concluded, the respondent’s misconduct is serious, involving significant conflicts of interest as well as dishonest behavior. Further, the panel found respondent failed to take full responsibility for her actions, and the record supports that finding. We, therefore, conclude it would not be in the best interests of the citizens of the state of Kansas for the respondent to be placed on probation. We agree with the panel’s recommendation that the respondent’s license to practice law in the state of Kansas be suspended for an indefinite period of time.”

Bottom line:  This case raises interesting questions regarding the scope and application of Bar Rules which prohibit a lawyer from engaging in a sexual relationship with a client under unless the relationship commenced before the representation began.  The Bar Rules in most (if not all) jurisdictions state that when a lawyer is hired by a corporation, the “client” is the corporation, not the president or other board members and directors.  This raises the question of whether the lawyer can be found guilty of violating the Bar Rule prohibiting sex with a client if he or she did not actually have sex with the “client” corporation but admitted to having sex with the president?  I would think not…and I would urge lawyers not to test the application of the rule!

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.

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, Lawyer conflict of interest, Lawyer discipline, Lawyer discipline alleged sexual misconduct, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer sex with client

Florida Supreme Court disbars 3 lawyers for misconduct in the settlement of multiple PIP and bad faith claims

Hello everyone and welcome to this Ethics Alert which will discuss the recent opinion of the Supreme Court of Florida which disbarred 3 Florida lawyers for misconduct in settling multiple PIP and bad faith claims.  The opinion is The Florida Bar v. Charles Jay Kane, The Florida Bar v. Harley Nathan Kane, The Florida Bar v. Darin James Lentner, No. SC13-388 (October 6, 2016) and the opinion is here:  http://www.floridasupremecourt.org/decisions/2016/sc13-388.pdf.

The lengthy opinion outlines and discusses the complicated underlying facts, including the involvement of the lawyers in settling the PIP claims and failing to inform and misleading both the clients and the lawyers who were handling separate bad faith claims against Progressive Insurance.   Although this is a fairly lengthy Ethics Alert, the relatively short format of my Ethics Alerts do not permit a full discussion of the case, and readers are urged to read the case for more information and clarification.

According to the opinion, the lawyers took on the representation of 441 PIP claims on behalf of various medical providers.  Two other lawyers were retained to file bad faith claims.  The claims were filed in a matter called the “Goldcoast” litigation, in which only 37 of the PIP clients were involved.  Each of the PIP law firms (Kane & Kane, Watson & Lentner, and Marks & Fleischer) and each of the bad faith attorneys executed a contract agreeing to jointly represent all thirty-seven plaintiffs.

During the bad faith litigation, the bad faith lawyers were able to compel disclosure of documents which strengthened the bad faith claims.  At mediation on the bad faith claims, Progressive offered only $3.5 million, which offer was rejected.

The disclosure of the documents apparently caused Progressive to consider settlement.  Progressive’s counsel later initiated settlement negotiations with the PIP lawyers only and the bad faith lawyers were not part of those negotiations.  Progressive  offered an aggregate amount of $14.5 million, to settle all of the claims, including both the PIP and bad faith claims, and attorney fees.  On May 16, 2004, all six of the PIP lawyers (including the disbarred lawyers) met with lawyers from Progressive to put the agreement in writing.  The bad faith lawyers were not told of Progressive’s offers, and they were not asked to attend the meeting.

“As a result of the meeting, the PIP lawyers signed a ‘Memorandum of Understanding’ (MOU) settling all cases and claims, subject to client agreement.  Pursuant to the MOU, the clients were required to release all claims against Progressive, including both PIP claims and bad faith claims. The MOU did not specify how the settlement funds would be allocated and it was left to the PIP lawyers to divide the funds between the claims and the costs and fees.”

“The only requirement to trigger the $14.5 million payment was a certain number of signed client releases: 100 percent of the named Goldcoast case plaintiffs and 80 percent of the remaining PIP clients of all three PIP firms. Also as a part of the MOU, the PIP lawyers agreed to defend, indemnify, and hold the Progressive entities harmless from any claims of their clients.  Several days later, the PIP lawyers, including the disbarred lawyers, met with one of the bad faith lawyers, Larry Stewart, and offered him $300,000 to compensate all three bad faith attorneys for their work on the bad faith case. The PIP lawyers did not disclose the terms of the settlement with Progressive, stating only that the cases and claims had been settled.”

According to the opinion, “the bad faith attorneys then wrote a letter to each of the named plaintiffs in the Goldcoast case, explaining their efforts to compel production of Progressive’s internal documents and the April 2004 mediation. The letter asserted that as a result of the PIP lawyers’ secret settlement with Progressive, the clients’ bad faith claims may have been ‘compromised or even sacrificed.’”

“The bad faith attorneys sent a copy of their letter to each of the PIP law firms and asked the PIP lawyers to forward the letter to their clients who were not named in the Goldcoast case; however, the lawyers did not forward the letter as requested. Instead, Respondent Charles Kane drafted a letter, titled ‘Notice of Disagreement Between Counsel’ (disagreement letter), for the PIP law firms to send to clients who were named as plaintiffs in the Goldcoast case.  The letter contained misleading statements regarding the bad faith attorneys and their efforts to pursue the bad faith claims on behalf of the clients.”

An Amended Memorandum of Understanding (AMOU) was later drafted and, after the law firm contacted the clients and obtained the releases, the settlement funds were paid by Progressive.  Kane & Kane received $5.25 million. The firm paid $672,742 to its PIP clients, $433,202 in costs, and took $4,144,055 in attorney fees. Watson & Lentner received $3,075,000, and the firm paid $361,470 to its PIP clients, $190,736 in costs, and took $2,522,792 in attorney fees. Once the firms received the settlement money, the bad faith attorneys were discharged, and a notice of voluntary dismissal with prejudice was filed, ending the Goldcoast case.

The bad faith lawyers then sued the PIP lawyers and, in April 2008, Judge David F. Crow entered a final judgment in favor of the bad faith attorneys on their quantum meruit and/or unjust enrichment claims. The final judgment included extensive findings as to the PIP lawyers’ actions, noting that the matter “could be a case study for a course on professional conduct involving multi-party joint representation agreements and the ethical pitfalls surrounding such agreements.”

The Supreme Court opinion upheld the finding of guilt and rule violations made by the referee and disbarred all three lawyers.  “We agree with the referee that the PIP lawyers’ most egregious violation occurred when they abandoned their clients’ bad faith claims in favor of a greater fee for themselves.”  The opinion states that the “considerable violation of (the lawyers’) ethical responsibilities to their clients and the legal system, entirely for their own financial interests and at the expense of their clients, warrants disbarment.

Bottom line:  The 3 lawyers were disbarred for the misconduct which is briefly described above and is further detailed in the opinion.

The opinion also addressed a very important practice point for lawyers who handle PIP claims on behalf of medical providers since it upheld the referee’s findings that all three lawyers failed to provide their clients with closing statements in the PIP cases in violation of Florida Bar Rule 4-1.5(f).  “Although there was testimony presented to the referee that a closing statement is not typically provided in a PIP case because the attorney fee is not taken as a portion of the client’s overall recovery, the referee found, and we agree, that there is no specific exception in the Bar Rules authorizing this practice.”  The Court found that lawyers must provide closing statements to clients in PIP first party claims, even though the fees and costs are typically paid by the insurance company and not taken out of the client’s settlement funds.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Filed under Attorney discipline, Attorney Ethics, Attorney misrepresentation, deceit, dishonesty, Florida Bar, Florida Lawyer Ethics and Professionalism, joe corsmeier, Joseph Corsmeier, Lawyer conduct adversely affecting fitness to practice, Lawyer conduct prejudicial to the administration of justice, Lawyer conflict of interest, Lawyer disbarment, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer improper fees, Lawyer misrepresentation, Lawyer sanctions, Lawyer violation of Florida Bar Rule 4-1.5(f) failure to provide closing statement