Category Archives: Lawyer Professionalism

Florida Supreme Court approves revised Bar advertising rule with requirements for lawyers to call themselves “experts” or “specialists”

Hello everyone and welcome to this Ethics Alert, which will discuss the recent Florida Supreme Court opinion approving (with minor revisions) Bar Rule 4-7.14, which sets forth the requirements for Florida  lawyers to call themselves “experts” and “specialists”  in advertisements and other documents.  The case is In re: Amendments to Rule Regulating The Florida Bar 4-7.14., Case No. SC18-2019.  The June 27, 2019 Supreme Court of Florida opinion is here: https://www.floridasupremecourt.org/content/download/527989/5865891/file/sc18-2019.pdf.  The rule revisions become effective on August 26, 2019.

As I blogged previously here: https://jcorsmeier.wordpress.com/2015/10/02/federal-district-judge-enjoins-the-florida-bar-from-enforcing-rule-prohibiting-truthful-claims-of-expertise/, U.S. District Court Judge Robert Hinkle found in 2015 that non-certified lawyers could have the skills and experience of certified lawyers and held that the Florida Bar Rule restricting the use of “expert” and “specialist” to lawyers who were certified by The Florida Bar (or its equivalent) was unconstitutional and he enjoined the Bar from enforcing it.  The Florida Bar did not appeal.

The Florida Bar’s Board of Governors (BOG) imposed a moratorium on enforcing the rule as written and proposed rule amendments to comply with Judge Hinkle’s ruling; however, the Florida Supreme Court rejected them.  The BOG revised the proposed rule amendments and filed them in 2018.  The opinion approved the revised rule with minor revisions.

The revised Florida Bar Rule 4-7.14 states that lawyers may not claim to have specialization or expertise in an area of law unless they are certified by the Florida Bar, the American Bar Association, another Bar’s accredited plan, or “can objectively verify the claim based on the lawyer’s education, training, experience, or substantial involvement in the area of practice in which specialization or expertise is claimed.”  The Bar’s proposed draft rule stated “and substantial”; however, the court changed the “and” to “or”, which is an important revision.

In addition, a law firm may make that claim of expertise in an area of practice if it can show that at least one of its lawyers can meet those standards and if all firm lawyers cannot meet those standards, it must have a disclaimer that not all of its lawyers specialize or have expertise in that area of practice.  Revisions were also made to the rule comments stating that a lawyer who is “of counsel” to a law firm would permit the firm to claim specialization and expertise if the “of counsel” practices solely with that firm.

Bottom line: The revised Florida Bar rule has been in development since 2015 and the Supreme Court rejected a previous version of the proposed rule.  The rule will now permit lawyers to call themselves “experts” or “specialists” if they are certified by the Florida Bar, the American Bar Association, another Bar’s accredited plan,  if the lawyer “can objectively verify the claim based on the lawyer’s education, training, experience, or substantial involvement in the area of practice in which specialization or expertise is claimed.”

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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Ohio lawyer suspended for 1 year for engaging in “extreme, obnoxious, and humiliating attacks” on paralegal for over 2 years is reinstated to practice

Hello everyone and welcome to this Ethics Alert which will discuss the recent Ohio Supreme Court reinstating a lawyer who was suspended for 1 year for “extreme, obnoxious, and humiliating attacks” on a paralegal lasting over 2 years. The case is Disciplinary Counsel v. Skolnick, No. 2018-OHIO-2990. The 8/1/18 suspension opinion is here: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2018/2018-Ohio-2990.pdf and the 3/11/19 reinstatement Order is here: https://supremecourt.ohio.gov/rod/docs/pdf/0/2019/2019-ohio-821.pdf

The August 1, 2018 Ohio Supreme Court opinion suspending the lawyer described the lawyer’s conduct as follows: “(d)uring (the paralegal’s) two-and a-half year tenure, Skolnick berated her for her physical appearance, dress, education, and parenting skills. He called her a bitch, a ‘hoe’, a dirtbag, and a piece of shit, and he told her that he hoped she would die. And because (the paralegal) recorded her interactions with Skolnick on more than 30 occasions, we have had the opportunity to hear Skolnick’s outbursts for ourselves.”

“In addition, the lawyer ‘called (the paralegal) stupid, dumb, fat, ‘whorey,’ and bitch.’ Further, he remarked that she should give him ‘road head’ during a drive and falsely told an African American client that the paralegal “did not like black people.”

“The only explanation that Skolnick offered for his extreme, obnoxious, and humiliating attacks on L.D. was that he had learned the lingo from rappers and hip-hop artists while practicing entertainment law and that he believed he was using the phrases in more of a humorous than a harmful way.” In addition, “(a)lthough (the lawyer) presented some evidence that he had been diagnosed with and was being treated for cyclothymic disorder and exhibited traits of obsessive-compulsive personality disorder, the board declined to afford mitigating effect to those conditions because Skolnick did not present any evidence that they were causally related to his misconduct.”

The opinion found that the lawyer violated Ohio Rule of Professional Conduct 8.4(h), prohibiting a lawyer from “engaging in conduct that adversely reflects on the lawyer’s fitness to practice law” and suspended the lawyer for one (1) year with the final 6 months deferred; however, on March 11, 2019, the Ohio Supreme Court reinstated the lawyer. “On application for reinstatement by respondent, Howard Evan Skolnick, Attorney Registration No. 0061905, last known business address in Cleveland, Ohio. Application granted. Howard Evan Skolnick reinstated to the practice of law in Ohio.”

Bottom line: this lawyer engaged in extreme, obnoxious, and humiliating attacks” on his paralegal and tried to minimize and justify his conduct by claiming that he learned the “lingo” from “rappers and hip-hop artists” and was being treated for psychiatric disorders. The court imposed a 1 year suspension with the final 6 months deferred on August 1, 2018 and he was reinstated on March 11, 2019, approximately 7 months later.

Be careful out there.

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
http://www.jac-law.com

Joseph Corsmeier
about.me/corsmeierethicsblogs

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California Supreme Court adopts new Bar ethics rules which (mostly) follow the ABA Model Rules of Professional Conduct

Hello everyone and welcome to this Ethics Alert, which will discuss the California Supreme Court’s recent Order implementing new Bar ethics rules which are substantially patterned after the ABA Model Rules of Professional Conduct.  The California Supreme Court Order approving 69 new rules (42 of which were modified by the Court) along with the Court’s comments is here: http://www.calbar.ca.gov/Portals/0/documents/Supreme%20Court%20Order%202018-05-09.pdf.

On May 10, 2018, the California Supreme Court issued an order adopting a new set of California Rules of Professional Conduct patterned after the American Bar Association’s Model Rules of Professional Conduct, which were first published by the ABA in 1983.  California will now join the other 49 states which have adopted ethics rules patterned after the ABA Model Rules.  California lawyers are also governed by the California Business Code. The new California Bar rules will take effect on November 1, 2018.

The new California Bar rules are not identical to the ABA Model Rules; however, and the new rules do not adopt Model Rule 1.14, which sets forth the obligations of lawyers who are representing clients with diminished capacity.  The new Bar rules implement streamlined advertising rules which substantially track the rules proposed by the Association of Professional Responsibility Lawyers (APRL).

A table comparing the new California Bar rules with the ABA model rules which was prepared by the California Bar is here: http://www.calbar.ca.gov/Portals/0/documents/ethics/2D_RRC/2017_CrossReferenceChart%20RulesByNumbering-v.2-031717.pdf

According to media reports, there is also back story related to the substantial efforts to align the California Bar rules with the ABA model rules (as well as the rest of the country).  An article published by the ABA/BNA Lawyers’ Manual on Professional Conduct in April 2017 outlines the history of “California’s multiyear initiative to update its standards governing lawyer conduct” to align with the ABA Model Rules templates.  That article is here:  https://www.bna.com/fate-california-rule-n57982086261/

Bottom line:  After a long effort by California lawyers, the state has now joined the 49 other states (including Florida in 1990), which have adopted versions of the ABA Model Rules of Professional Responsibility.

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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Florida lawyer is disbarred for “egregious misconduct” and a pattern of disruptive and “obnoxious” behavior

Hello everyone and welcome to this Ethics Alert which will discuss the recent disbarment of a lawyer in south Florida attorney for, inter alia, engaging in “escalating misconduct,” including loudly kicking a table and muttering “lie, lie, lie” during court proceedings.  The case is The Florida Bar v. Robert Joseph Ratiner, No. SC13-539 (Florida Supreme Court 2/22/18), and the opinion is here:  http://www.floridasupremecourt.org/decisions/2018/sc13-539.pdf

The lawyer was admitted in 1990 and was disciplined in 2007 after engaging in a rant against opposing counsel for DuPont during a deposition.  He represented some orchid growers who had alleged that DuPont’s fungicide called Benlate had killed their plants.  DuPont’s lawyer attempted to put an exhibit sticker on the lawyer’s laptop.  He then attempted to run around the table toward the other lawyer and yelled at him which, according to the referee’s report, caused the court reporter to state “I can’t work like this!”  That conduct resulted in a 60 day suspension and probation.

The lawyer was then involved in a document review session with DuPont in 2009 and, according to the referee’s report, he loudly called DuPont’s lawyer a “dominatrix,” with “no substantial purpose other than to embarrass” her. He later tried to forcibly take papers from another DuPont lawyer after she told him, “Don’t grab (me) ever again.” That conduct resulted in a three year suspension.

The most recent complaint against the lawyer was related to his conduct in Miami-Dade Circuit Court proceedings that began in late 2011.  The presiding judge stated that she heard the lawyer state “lie, lie, lie” while a DuPont lawyer was conducting a direct examination of his law partner; however, he denied making the comment.  The judge also terminated a hearing because the lawyer was kicking his table so loudly that it was disrupted the proceedings.

The assigned referee conducted hearings and The Florida Bar argued that the lawyer should be disbarred. The referee recommended a three year suspension to begin at the end of the lawyer’s current three year suspension.  In its opinion, the Florida Supreme Court found that the lawyer’s cumulative and egregious misconduct required disbarment.  According to the opinion:

“Disbarment is an extreme form of discipline and is reserved for the most egregious misconduct. See Fla. Bar v. Summers, 728 So. 2d 739, 742 (Fla. 1999); see also Fla. Bar v. Kassier, 711 So. 2d 515, 517 (Fla. 1998) (holding that disbarment is an extreme sanction that should be imposed only in those rare cases where rehabilitation is highly improbable).  Ratiner’s intentional and egregious misconduct continues to demonstrate an attitude that is wholly inconsistent with professional standards, and there is no indication that he is willing to follow the professional ethics of the legal profession. As we observed in (The Florida Bar v.) Norkin,

One can be professional and aggressive without being obnoxious.

Attorneys should focus on the substance of their cases, treating judges

and opposing counsel with civility, rather than trying to prevail by

being insolent toward judges and purposefully offensive toward

opposing counsel. This Court has been discussing professionalism

and civility for years. We do not tolerate unprofessional and

discourteous behavior. We do not take any pleasure in sanctioning

[Respondent], but if we are to have an honored and respected

profession, we are required to hold ourselves to a higher standard.

132 So. 3d at 92-93.

Thus, based upon the foregoing discussion, the Court is left with but one course of action, and that is to disbar Ratiner.”

Bottom line:  This lawyer clearly failed to get the message.  The Supreme Court also did not accept his claims of innocence.  As a result, he was disbarred.

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, Florida Bar, Florida Lawyer Ethics and Professionalism, Florida Lawyer Professionalism, joe corsmeier, Joseph Corsmeier, Lawyer cumulative misconduct disruptive and obnoxiousl behavior, Lawyer derogatory remarks, Lawyer disbarment obnoxious and disruptive cumulative misconduct, Lawyer disparaging comments about lawyers and judges, Lawyer disrupting tribunal, Lawyer disruptive conduct, Lawyer disruptive litigation conduct, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer false testimony, Lawyer Professionalism

Florida Bar opposes lawyer initiated petition to make appeal court finding of frivolousness “conclusive” rule violation

Hello everyone and welcome to this Ethics Alert, which will discuss the recent Bar’s response opposing the Petition initiated by a Florida lawyer to amend Florida Bar Rule 3-4.3 which states that a final decision of the Florida Supreme Court, Florida appeals court, or federal appellate court determining prosecution of a frivolous claim“ constitutes a conclusive determination of guilt of misconduct by the lawyer(s) who prosecuted such frivolous claim or defense for violation of Rule 4-3.1.”    The matter is The Florida Bar Re: Petition to Amend Rules Regulating The Florida Bar 3-4.3, 3-5.3, and 4-3.1 (Case No. SC17-1965).  The Response is here: https://efactssc-public.flcourts.org/casedocuments/2017/1965/2017-1965_response_49952_response.pdf

The proposed rule amendment would add a section to Florida Bar Rule 3-4.3 (misconduct or minor misconduct), providing that if the Florida Supreme Court or any Florida or federal appellate court has determined that a court action violated F.S. §57.105, Florida appellate Rule 9.410, or Rule 11 of the Federal Rules of Civil Procedure, that “constitutes a conclusive determination of guilt of misconduct by the lawyer(s) who prosecuted such frivolous claim or defense for violation of Rule 4-3.1.”

The proposed rule would also require a lawyer who has had such a ruling against him or her to notify the Bar within 10 days with copies to opposing counsel.  Bar counsel would docket the case and “The Florida Bar shall prosecute the misconduct in accordance with the rules considering the conclusive determination of a violation of Rule 4-3.1.”

The BOG Disciplinary Procedure Committee (DPC) voted 7-0 to oppose the proposed petition in November 2017 and the BOG voted unanimously to file a response opposing the petition at its December 8, 2017 meeting.  The Bar filed its response opposing the proposed amendment on December 29, 2018.

Bottom line:  As I previously stated, this is rare member initiated petition to amend the Florida Bar rules.  The rule amendment appears to be well intended; however, it is problematic and ill advised.  The Bar’s Response sets forth the reasons that the Bar opposes the rule amendment, including the fact that a civil case involves different parties, different rules and statutes, different goals, and lower evidentiary standards.

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 Ethics, Florida Bar, Florida Bar - petition to make finding of frivolous filing conclusive proof of Bar rule violation, Florida Lawyer Ethics and Professionalism, Florida Supreme Court, joe corsmeier, Joseph Corsmeier, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer filing frivolous pleading, Lawyer Professionalism, Lawyer sanctions, Lawyer sanctions for frivolous filings

Proposed Florida Bar rule initiated by Florida lawyer would make court finding of frivolousness “conclusive determination” of rule violation

Hello everyone and welcome to this Ethics Alert which will discuss the Petition initiated by a Florida lawyer to amend the Bar rules and provide that a court determination that an action violates F.S. §57.105, Florida appellate Rule 9.410, or Rule 11, Federal Rules of Civil Procedure “constitutes a conclusive determination of guilt of misconduct by the lawyer(s) who prosecuted such frivolous claim or defense for violation of Rule 4-3.1.”  The Florida Bar published a Notice in the Florida Bar News that the petition will be filed on November 6, 2017 and members may comment on the Petition after it is filed.  The Bar Notice is here: 10-1-17 Bar News Notice of Filing Petition to Amend Rule.

The proposed rule revision would amend Florida Bar Rule 3-4.3 (misconduct or minor misconduct), by adding a section on frivolous actions which would provide if any Florida or federal appellate court has determined that a court action violated F.S. §57.105, Florida appellate Rule 9.410, or Rule 11 of the Federal Rules of Civil Procedure, that “constitutes a conclusive determination of guilt of misconduct by the lawyer(s) who prosecuted such frivolous claim or defense for violation of Rule 4-3.1.”  Upon being notified of the finding, The Florida Bar would open a file, which would be sent to the grievance committee for review.

The proposed rule also provides that, unless there are aggravating circumstances, the referee or grievance committee considering the complaint can resolve the matter with an admonishment or referral of the lawyer to the Bar’s diversion program (lawyers would be eligible for diversion once every five years under the proposed rule).

The proposed rule would also require a lawyer who has had an appellate ruling that the a lawyer has violated the rules or state law on frivolous actions to notify the Bar within 10 days with copies to opposing counsel. Bar counsel would then docket the case “and The Florida Bar shall prosecute the misconduct in accordance with the rules considering the conclusive determination of a violation of Rule 4-3.1.”

The proposal would also amend the comment to Rule 4-3.1 to refer to the amendment to Rule 3-4.3. The comment to Rule 3-4.3 also provides that, “A lawyer shall not use any funds held in his trust account for payment of any personal obligation imposed upon the lawyer or the lawyer’s law firm as to sanctions pursuant to Section 57.105, Fla. Stats., Rule 9.410 of the Florida Rules of Appellate Procedure, Rule 11 of the Federal Rules of Civil Procedure, or any other similar statute or rule.”

The Florida Bar Rules allow members to directly propose amendments to Bar rules if the there is a petition filed with the Supreme Court signed by 50 Bar members.  This petition was signed by 55 Bar members.  The Board of Governors’ Disciplinary Procedure Committee (DPC) will review the proposed petition and rule amendments and will have a special meeting to discuss it.  A report by the DPC on the petition is expected at the Dec. 8, 2017 BOG meeting.

Bottom line:  This is rare member initiated petition to amend the Florida Bar Rules.  The amendment certainly appears to be well intended; however, since an order finding that a claim or defense is frivolous does not involve a criminal conviction, I am very concerned that the proposed rule that would make an order finding a frivolous filing by an appellate court on a civil matter “a conclusive determination of guilt of misconduct by the lawyer(s) who prosecuted such frivolous claim or defense for violation of Rule 4-3.1.”  I believe (and continue to believe) that a lawyer should be able to challenge such a court order since, among other things, the action and parties are different and the evidentiary requirements underlying such an order are not necessarily the same as those required for the Bar to prove a violation of the Bar rules.  In addition, the courts have inherent authority to sanction lawyers for frivolous filings as well as under the relevant statutes and court rules.

According to the Bar’s October 1, 2017 Notice in the Florida Bar News:

“Members who desire to comment on this proposed amendment may do so within 30 days of the filing of the above-referenced petition. Comments must be filed directly with the clerk of the Supreme Court of Florida, and a copy must be served on the executive director of The Florida Bar and Thomas O. Wells, Esq. Rule 1-12.1 and Rule 3-7.15 of the Rules Regulating The Florida Bar govern these proceedings.”

Stay tuned…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.

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, Florida Bar, Florida Bar - petition to make finding of frivolous filing conclusive proof of Bar rule violation, joe corsmeier, Joseph Corsmeier, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer filing frivolous pleading, Lawyer Professionalism, Lawyer sanctions, Lawyer sanctions for frivolous filings

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