Category Archives: Lawyer false statements in response to Bar complaint

Indiana criminal prosecutor suspended for 4 years for twice eavesdropping on confidential attorney/client conversations

Hello everyone and welcome to this Ethics Alert which will discuss the recent Indiana Supreme Court opinion suspending a lawyer for 4 years for eavesdropping on confidential attorney/client conversations with no automatic reinstatement.  The case is In the Matter of Robert Neary, No. 46S00-1512-DI-705 (Ind. SC), and the November 6, 2017 disciplinary opinion is here: http://www.in.gov/judiciary/opinions/pdf/11061701per.pdf

The Indiana Supreme Court Disciplinary Commission filed a two-count disciplinary complaint against the lawyer on December 17, 2015, and later amended the complaint.  The amended complaint charged the lawyer with “professional misconduct in connection with his actions in two criminal cases while serving as the chief deputy prosecutor in LaPorte County (Michigan).”

The first count of the complaint alleged that the prosecutor had surreptitiously watched video feeds of an attorney/client confidential conversation in March 2014 at the Michigan City Police Department.  A defense lawyer had flipped a switch that was supposed to prevent the conversation from being recorded; however, the police controlled the live video and audio.

The lawyer and police detectives watched the conversation from the police station’s “war room.”  During the conversation, the defendant (Taylor) told his lawyer where a gun could be found.  The lawyer advised the police detectives not to recover the weapon; however, they ignored his advice and recovered the weapon.

The chief of police later learned of the recording and told the lawyer that he should provide the information the defendant’s counsel.  The lawyer subsequently provided the information to the defendant’s lawyer and also reported his misconduct to the Indiana Bar authorities.

The second count alleged that the lawyer listened to an attorney/client confidential conversation that was recorded in December 2012 at the Long Beach (Michigan) Police Department.  The defendant (Larkin) had agreed to speak with police with his lawyer present, in exchange for being charged with voluntary manslaughter rather than murder.

During an 11-minute break in the questioning, the defendant discussed defense strategy and other confidential matters with his lawyer; however, the recording system was not turned off.  The lawyer viewed the recorded interview that included the attorney/client confidential discussion during the break about a month later.

According to the opinion, “Respondent first viewed the DVD of the interview, including the break discussion, about one month later. Respondent watched the entire break discussion even though the privileged status of that discussion either was, or should have been, immediately apparent to Respondent.  Respondent provided a copy of the DVD, including the break discussion, to Larkin’s counsel but did not mention to counsel that the break discussion had been recorded.”

The Larkin’s lawyer later filed a motion to dismiss the voluntary manslaughter charge alleging prosecutorial misconduct because of the recording of the discussion.  The lawyer’s response, which was sealed, provided the contents of the break discussion and included the written transcript and a DVD.  A judge later unsealed sealed the information.

The opinion noted that both of the cases had led to appeals and stated that the lawyer’s conduct had “fundamentally infringed on privileged attorney-client communications and, at an absolute minimum, has caused significant delays and evidentiary hurdles in the prosecutions of Taylor and Larkin, even assuming they still can be prosecuted at all.”  The court had reviewed the Taylor matter on appeal and described the eavesdropping as “egregious,” “flagrant,” “unconscionable,” “shameful,” “abhorrent” and “reprehensible.”

After a hearing, the hearing officer found that the lawyer had committed the Bar rule violations charged in the amended complaint and recommended a sanction ranging from a four-year suspension to disbarment.  The Indiana Bar Commission recommended disbarment.

According to the opinion: “(i)n many respects, these proceedings have painted an even more alarming picture of Respondent, in that they show Respondent gradually has retreated from his initial self-report to the Commission and has given evasive and inconsistent explanations and statements regarding the war room eavesdropping.  As aptly found by the hearing officer, ‘Respondent’s ever evolving narrative points to a lack of honesty.’”

The opinion further states: “(t)he severity of the misconduct and Respondent’s repeated transgressions certainly lend support to the notion that he should be disbarred. On the other hand, Respondent has no prior discipline, he self-reported his conduct to the Commission, and several persons testified to his good reputation in the community (although, as noted by the hearing officer, these persons did not appear to have been particularly well informed of the circumstances giving rise to these disciplinary proceedings). At the end of the day, these considerations persuade us that the door should not permanently be closed on Respondent’s legal career and that he should be afforded an opportunity at an appropriate juncture to prove by clear and convincing evidence his professional rehabilitation and fitness to resume practicing law.”

Bottom line: This prosecutor was involved in two separate serious violations of attorney/client confidentiality by viewing and listening to surreptitious recordings and clearly should have known better.  In my opinion, the lawyer was extremely fortunate that he avoided disbarment for his misconduct.

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

Joseph Corsmeier

about.me/corsmeierethicsblogs

 

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Filed under Attorney discipline, Attorney Ethics, Attorney misrepresentation, Attorney/client confidentiality, attorney/client privilege, Attorney/client privilege and confidentiality, Confidentiality, Confidentiality and privilege, dishonesty, joe corsmeier, Joseph Corsmeier, Lawyer conduct adversely affecting fitness to practice, Lawyer conduct prejudicial to the administration of justice, lawyer confidentiality, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer false statements, Lawyer false statements in response to Bar complaint, Lawyer false testimony, Lawyer sanctions, Prosecutor misconduct discipline, Prosecutor misconduct eavesdropping on attorney/client conversations, Prosecutorial misconduct ethics

Federal prosecutor suspended after lying about intimate relationship with FBI agent who testified in her cases

Hello everyone and welcome to this Ethics Alert which will discuss the recent Louisiana Supreme Court disciplinary opinion which imposed a one year and one day suspension with 6 months deferred on a federal prosecutor for having an intimate relationship with an FBI agent who was an investigator and witness in her cases and lying about it.  The disciplinary case is In Re: C. Mignonne Griffing, Case No. 2017-B-0874 and the October 18, 2017 disciplinary opinion is here: file:///C:/Users/jcorsmeier/Downloads/17B0874.OPN.pdf

The relationship was revealed during the trial of two Monroe, Louisiana city councilmen and the Ouachita Parish sheriff. “After the sheriff’s counsel raised the possibility of the relationship, (the lawyer) was questioned by the United States Attorney and was not immediately and fully forthcoming.”

The lawyer initially denied the relationship with the (married) FBI agent at that time but it was later confirmed.  The disciplinary opinion adopted the findings of the disciplinary board that the misconduct “led to the government’s decision to relitigate the case against Councilmen Stevens and Gilmore, caused harm in the form of the additional expenditure of resources to retry the case, and adversely impacted the government’s tendered plea bargain offered to Sheriff Toney. The potential for harm also exists, as it is possible that the issue of the relationship may be raised in other cases prosecuted by respondent in which the FBI agent testified. Furthermore, her actions are the type that cause unfavorable opinion by the public towards the legal system and especially, the United States Attorney’s Office in the Western District of Louisiana.”

The lawyer denied that the relationship created a conflict of interest and defended the formal.  She was ultimately found guilty of multiple violations of the Louisiana Bar Rules, including conflict of interest and making false statements in denying the conduct.

According to the opinion, “(b)ecause the relationship with the FBI agent could reasonably give rise to a basis for questioning the interest and/or credibility of the witness by the defense, the existence of the relationship should have been disclosed to the defendants, but (the lawyer) failed to do so.”  “In addition, the disciplinary board found (the lawyer) made assurances to the sheriff’s counsel relative to his client’s indictment and arrest. This conduct, and her phone call threatening the sheriff’s public arrest, were clearly improper.” “(The lawyer’s) actions are the type that cause unfavorable opinion by the public towards the legal system and especially, the United States Attorney’s Office in the Western District of Louisiana.”

The opinion increased the deferred six-month suspension recommended by the disciplinary board.  “When taken cumulatively, including the multiple violations of the Rules of Professional Conduct and specifically considering respondent’s dishonesty and misrepresentation to which she has stipulated, we find that the fully deferred suspension recommended by the board is not appropriate and that respondent must serve an actual period of suspension. We will impose a one year and one day suspension, deferring all but six months of the suspension in light of the substantial mitigating circumstances present.”  The lawyer also served a 19 day suspension from her job as a prosecutor without pay for the misconduct.

Bottom line:  This lawyer was found to have engaged in a relationship with a law enforcement agent who was an investigator and witness in many of the cases that she was prosecuting for the U.S. Attorney’s Office and failed to disclose it (for obvious reasons).  The lawyer paid the price for this misconduct with a suspension of her license and a serious hit to her reputation.

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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Virginia lawyer previously suspended after disrupting CLE seminar suspended for 5 years on new candor violations

Hello everyone and welcome to this Ethics Alert which will discuss the recent 5 year suspension of a Virginia lawyer who was previously suspended for 6 months in 2015 for disrupting a CLE seminar and suspended for 3 years in 2016 when he failed to undergo treatment required pursuant to the 2015 suspension.  The 6 month suspension Order dated March 27, 2015 is here: http://www.vsb.org/docs/Hartke-050615.pdf and the 3 year suspension Order dated October 27, 2016 is here: http://www.vsb.org/docs/Hartke-110416.pdf.

According to the Virginia State Bar website, “on August 25, 2017, the Virginia State Bar Disciplinary Board suspended Wayne Richard Hartke’s license to practice law for five years effective October 27, 2019, for violating professional rules that govern candor toward the tribunal.  The suspension will be consecutive to a three-year suspension issued on October 27, 2016.”

According to the March 27, 2015 Disciplinary Board Order, the lawyer was intoxicated and disruptive at a Continuing Legal Education program.  Witnesses at the CLE seminar said that the lawyer was sleeping and loudly snoring during the morning session and then yelling at the video screen during the afternoon session.  A witness also said he smelled of alcohol and had a bottle of liquor with him at the seminar.  The lawyer was led from the seminar room by another person attending the seminar.

The lawyer was suspended for six months for that CLE disruption and for “failing to correct misrepresentations that he made to the Virginia State Bar during the disciplinary proceedings”.  The Order also required him to enroll in a two-year treatment and monitoring program stated that any notice of noncompliance would result in an order to show why his license should not be suspended for an additional three years.  According to the October 27, 2016 disciplinary Order, the lawyer failed to comply with the terms of the 2015 Order.  He also failed to show up for the disciplinary hearing.  The Disciplinary Board found that the violation was proven and suspended the lawyer for three (3) years, effective October 27, 2016.

The lawyer had previously been reprimanded in 2010 after settling a legal malpractice lawsuit which alleged that he failed to protect the interests of the members of the board of directors of a corporate client.  He was reprimanded again in 2011 when he was held in contempt and served 10-day jail sentence after his blood alcohol content was found to be .127 during a court appearance.

Bottom line:  According to the facts set forth in the disciplinary Orders, this lawyer has some serious and ongoing issues with both alcohol and candor.  The ultimate result was a 5 year suspension effective October 27, 2019 after he completes his current 3 year suspension and, unless that suspension is modified, it will continue until October 27, 2024.

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, dishonesty, joe corsmeier, Joseph Corsmeier, Lawyer discipline, Lawyer discipline sanctions for failure to appear at hearing, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer false statements, Lawyer false statements in response to Bar complaint, Lawyer false testimony, Lawyer sanctions, Lawyer sanctions alcohol and substance abuse, Lawyer violation of court order, Lawyer wilful failure to comply with court order

Lawyer receives 1 year suspension in New York and Oregon for, inter alia, falsely claiming completion of CLE

Hello everyone and welcome to this Ethics Alert which will discuss the recent New York appellate court opinion suspending a New York lawyer for one year on a reciprocal basis after he was suspended by the Oregon Supreme Court for one year for making false representations regarding his completion of the required Oregon CLE and providing false testimony.  The New York case is: Matter of Joseph R. Sanchez, 017 NY Slip Op 01869 (Appellate Division, Second Department March 15, 2017) and the New York opinion is here:  http://www.nycourts.gov/reporter/3dseries/2017/2017_01869.htm.  The Oregon disciplinary board opinion is here:  http://www.osbar.org/_docs/dbreport/dbr29.pdf

The lawyer was admitted to practice in both New York and Oregon.  He was required to complete 45 CLE hours for the 2009 to 2011 Oregon reporting period and he purchased on-line CLE courses.  Two days later, he certified to the Oregon Bar that he had completed the required 45 hours of CLE although he had not previously completed any CLE for that reporting period.

After receiving the lawyer’s certification, the Oregon Bar’s CLE administrator asked him how he was able to watch 48 hours of CLE courses in about one day.  The lawyer responded by providing copies of his CLE completion certificates.  He later provided “evasive, incomplete and/or untruthful” answers under oath. The panel also found that the lawyer made the misrepresentations knowingly and intentionally.

According to the New York opinion:

“The trial panel found the respondent’s overall testimony lacking in credibility:

(The lawyer’s) testimony was inconsistent with his prior writings, including an affidavit he prepared and signed under oath in 2012. The testimony he provided at the hearing was inconsistent with the testimony he previously provided at his deposition in this matter on September 3, 2014, which was also provided under oath. The [respondent] presented facts during his testimony that he had never presented before, notwithstanding having had multiple opportunities to have done so during the course of the [Oregon] Bar’s investigation. Put simply, the panel finds that the [respondent’s] testimony was untruthful. Lastly, the panel finds that the [respondent] made his misrepresentations knowingly and intentionally. The [respondent] was provided multiple opportunities to explain how he could have possibly fit 48 hours of work into a shorter (and potentially significantly shorter) period of time and each time he failed to do so. It is clear he changed the facts over time, [and] added explanations’ when prior ones were not accepted, with each subsequent explanation less plausible than the prior.”

The trial panel concluded that the respondent violated his duty to the public and to the legal profession when he intentionally and knowingly misrepresented to both Lawline and the Oregon Bar the fact that he had attended and successfully completed the CLE courses he had purchased.”

Based upon the reciprocal Oregon discipline (and the facts), the New York opinion suspended the lawyer from the practice of law for one year, beginning on April 14, 2017.  He was also required to “furnish satisfactory proof that during the period of suspension he (1) refrained from practicing or attempting to practice law, (2) fully complied with this order and with the terms and provisions of the written rules governing the conduct of disbarred and suspended attorneys (see 22 NYCRR 1240.15), (3) complied with the applicable continuing legal education requirements of 22 NYCRR 691.11(a), and (4) otherwise properly conducted himself.”

Bottom line:  It should certainly should go without saying that lawyers must never provide false information to the Bar (or at any other time); however, this lawyer apparently very blatantly believed that he could pass under the Bar radar in making the false representations.  He compounded the misconduct by providing “inconsistent testimony” that as “lacking in credibility.”  Not only is this conduct completely unethical, but lawyers should never assume that the Bar will fail to detect false representations such as these.

As always, if you have any questions about this Ethics Alert or need assistance, analysis, and guidance regarding 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, 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, False statements regarding CLE, fraud, joe corsmeier, Joseph Corsmeier, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer false statements, Lawyer false statements in response to Bar complaint, Lawyer false testimony, Lawyer misrepresentation, Lawyer Professionalism, Lawyer sanctions

New Jersey lawyer reprimanded for falsifying letter and submitting it to disciplinary committee investigating his conduct

Hello everyone and welcome to this Ethics Alert which will discuss the recent New Jersey Supreme Court Order approving a stipulation and reprimanding a lawyer for falsifying a letter and submitting it to a disciplinary committee during its investigation of his conduct.  The opinion is In the Matter of Nirav Kurt Mehta, Docket No. DRB 16-276, District Docket No. IIIB-2015-0033E (November 4, 2016).  The October 25, 2016 New Jersey Disciplinary Review Board letter setting forth the stipulation is here: http://drblookupportal.judiciary.state.nj.us/DocumentHandler.ashx?document_id=1077214 and the 11/4/16 NJ Supreme Court order approving the stipulation is here: http://drblookupportal.judiciary.state.nj.us/DocumentHandler.ashx?document_id=1077588 

According to the Disciplinary Review Board letter, “on May 25, 2015, respondent’s former client, Shanti Sarup, filed a grievance against him, alleging that, more than ten years prior, respondent had given him poor legal advice in an immigration matter and, thus, exposed him to deportation from the United States.”

“In response to the DEC’s investigation of the grievance, respondent fabricated a document and submitted it to disciplinary authorities. The fabricated document purported to be a May 7, 2003 letter from respondent to the grievant, providing sound legal advice on the underlying immigration matter. Respondent’s motivation for submitting the fabricated document was to neutralize the grievant’s claim that respondent had provided him incorrect legal advice in 2003.”

In mitigation, the stipulation recited respondent’s lack of prior discipline, the more than ten-year passage of time since his representation of the grievant, and the fact that the fabricated letter was submitted only to the DEC. The stipulation described respondent’s deception as “an unfortunate reflexive response to the filed Grievance” and an “effort…to mitigate what [respondent] may have perceived as a professional negligence issue.”  The November 4, 2016 Supreme Court Order approved the recommendation and reprimanded the lawyer.

Bottom line:  This lawyer not only fabricated a letter which was intended to “neutralize” his former client’s claim that he had provided incorrect legal advice during the representation, but he submitted the false letter in a pending disciplinary matter against him.  It is very surprising that the lawyer was able to negotiate a simple reprimand for the misconduct.

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

Leave a comment

Filed under Attorney discipline, Attorney Ethics, Attorney misrepresentation, dishonesty, joe corsmeier, Joseph Corsmeier, Lawyer conduct adversely affecting fitness to practice, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer false statements, Lawyer false statements in response to Bar complaint, Lawyer misrepresentation, Lawyer sanctions, lawyer submitting false document during disciplinary investigation

North Carolina Bar complaint alleges, inter alia, that lawyer made disparaging statements about judges in court documents

Hello everyone and welcome to this Ethics Alert which will discuss the recent disciplinary complaint against a North Carolina lawyer who is alleged to have made disparaging comments about lawyers and judges in court pleadings including, inter alia, accusing judges of “overwhelming incompetence and ignorance, as well as asinine and unprofessional behavior” and “acting like mentally challenged cheerleaders”.  The disciplinary case is North Carolina State Bar v. Michael J. Anderson, 15-DHA-47 and the disciplinary Complaint is here:  http://www.ncbar.com/discipline/DHC_File_DHC_file_filename_bv.asp?DHC_file_doc=889

The disciplinary complaint contains three counts/claims, including one count with allegations regarding the lawyer’s failure to respond to a grievance against him and making false statements, a second with allegations regarding his handling his trust account, and a third with allegations regarding his pleadings in a workers’ compensation case.

With regard to the workers’ compensation matter, the lawyer filed a civil complaint on behalf of a client, responded to a motion to dismiss and handled an appeal to the state court of appeals.  He is alleged to have made a number of disparaging statements in his pleadings, including accusing the court of “overwhelming incompetence and ignorance… I felt just as I imagine I would have over a century ago arguing to said court that slavery was bad labor relations policy… [the court showed] a stubborn arrogance and ignorance…[a judge] literally threw a temper tantrum…As I felt like I was attempting to teach physics to a class of unruly third graders.”

In another pleading, the lawyer allegedly stated: “the lack of intellectual functioning and overt partiality of this panel…being readily apparent but, acting like mentally challenged cheerleaders, knowing they wanted to motivate their team to victory, but not sure how to accomplish the goal… [the judge] was assuming the role of ‘house negro’ for purposes of this matter…Sounding more like ‘Beaver Cleaver’ than any person has a right to…”

In another pleading: the lawyer allegedly stated “the instant panel will glad [sic] play thee [sic] blind mice and [Judge] will serve the historical role played by Monica Lewinsky for President Clinton for the current governor of North Carolina… if these judges are intent upon making the [court] a literal ‘whippin boy’ for special interests, they are welcome to kiss my red white and blue American male ass.”

Bottom line: If the allegations are true, this case involves a lawyer who had great difficulty with objectivity and civility in the language of his pleadings, to say the least.  We all know that lawyers are under constant stress and we may be unhappy with judges’ decisions and this is a classic example of how not to handle it.  There is no place for such language and disparaging statements in court documents, or otherwise.

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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