Category Archives: Lawyer resignation in lieu of discipline/disbarment

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

Illinois lawyer who lied about mother’s death and health problems to justify discovery delays and the continuance of a hearing consents to disbarment

Hello everyone and welcome to this Ethics Alert which will discuss the recent motion for revocation/disbarment filed by an Illinois lawyer in response to allegations that he lied about his mother’s death and his own health to try to justify discovery delays and support a continuance of a hearing in two separate cases.  The case is In the Matter of: Keith Joseph Hays, Supreme Court No. M.R.27422 Commission No. 2014PR00065.  The lawyer resigned from the Indiana Bar in April 2015.  The lawyer filed a motion requesting that his name be stricken from the list of Illinois Attorneys and the link to the Illinois Bar Statement of Charges and is here:  http://www.iardc.org/P14PR0065OC.html

According to the Statement of Charges, the lawyer lied about the reasons for his delayed responses to discovery and request to continue a hearing in two Indiana cases, and made settlement offers without authorization in a third case.

In one case, the lawyer justified his delays in responding to discovery requests by claiming that his mother had been “killed in a violent car accident in the state of Colorado.”  The lawyer also said that she died in “the fire and smoke inhalation from the resulting conflagration,” and that he was “left scrambling between Indiana, Colorado and Idaho for weeks trying to get his mother buried, her estate resolved and her pets adopted.”  The lawyer’s mother not been involved in a car accident or died.

In another case, the lawyer filed an emergency motion to continue a hearing and claimed that he had been diagnosed with “double pneumonia” and went to an emergency room; however, the lawyer did not actually have pneumonia and, incredibly, he billed his client for time that he spent working on the case when he was supposedly incapacitated.

The lawyer admitted to the following facts:

“In 2011, Respondent represented Staples the Office Superstore East (a subsidiary of Staples, Inc.; hereafter, “Staples”), the defendant in a personal injury action filed in Indiana state court by Max Jackson (“Jackson”). In the course of discovery, Jackson filed a motion for sanctions alleging that Respondent’s client, Staples, had failed to fully respond to a request for production of documents and interrogatories. Respondent filed a response in which he claimed, in part, that his mother had been “killed in a violent car accident in the state of Colorado,” that she perished from “the fire and smoke inhalation from the resulting conflagration,” and that Respondent “was left scrambling between Indiana, Colorado and Idaho for weeks trying to get his mother buried, her estate resolved and her pets adopted.” Respondent’s statements were false, and he knew they were false, since his mother had neither died nor been involved in a car accident, and Respondent had not been “left scrambling between Indiana, Colorado and Idaho” to resolve his mother’s affairs.”

“In 2011, Respondent represented Reed & Company, P.C. (“Reed”), the defendant in a civil lawsuit filed in Indiana state court by Wabash Center, Inc. (“Wabash”). After Wabash filed a motion for partial summary judgment, the court set the matter for hearing on that motion. On the date of the scheduled hearing, Respondent filed an emergency motion requesting that the hearing be continued, based on his representation that the day before, he had been diagnosed with “double pneumonia” and sent to the emergency room. Respondent’s statements were false, and Respondent knew they were false, as Respondent had not been sent to the emergency room with pneumonia, and in fact, he had billed his client Reed for time spent preparing a summary judgment motion on Reed’s behalf during the time period that he purportedly was incapacitated.”

Bottom line: According to the facts to which the lawyer admitted, he made some incredible false statements which could easily be refuted, and his lies were ultimately discovered.  I’m not doctor, but there would appear to be some serious psychological issues underlying this conduct.

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, deceit, dishonesty, joe corsmeier, Joseph Corsmeier, Lawyer conduct adversely affecting fitness to practice, Lawyer conduct prejudicial to the administration of justice, Lawyer disbarment, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer false statements, Lawyer filing frivolous pleading, Lawyer misrepresentation, Lawyer resignation in lieu of discipline/disbarment, Lawyer sanctions

New York lawyer resigns after admitting that she forged judges’ signatures on multiple witness subpoenas

Hello everyone and happy St. Nicholas Day!  Welcome to this Ethics Alert blog which will discuss recent resignation of a New York lawyer after she was charged with forging judge’s signatures on multiple witness subpoenas.  The case is Matter of Theresa Lizio, 2012 NY Slip Op. 08240 (11/29/12).  The opinion is online at: https://law.justia.com/cases/new-york/appellate-division-first-department/2012/4177.html

According to the opinion, the lawyer, who was employed by the New York City Department of Probation, appeared at a probation violation hearing on April 10, 2012 in the Brooklyn Supreme Court on behalf of the Department of Probation as the assigned attorney.  Two representatives of drug treatment programs appeared pursuant to subpoenas that they had received and questioned the validity of the subpoenas, which were purportedly signed by Supreme Court Judge Michael Brennan.

Supreme Court Judge Vincent Del Guidice (great name!) was presiding over the matter in Judge Brennan’s absence and “took possession of the subpoenas for further investigation”.  The City of New York Department of Investigation conducted an investigation and referred the matter to the Kings County District Attorney’s Office for potential criminal charges against the lawyer.  In exchange for a “non-criminal plea offer”, the lawyer agreed to resign from the practice of law in the State of New York.

The lawyer then filed an affidavit of resignation from the practice of law admitting that she improperly prepared the two subpoenas by signing Judge Brennan’s signature on one and printing his name on the other without that judge’s permission or authority.  The lawyer also admitted that she improperly issued judicial subpoenas in three other matters by printing the judges’ names without their permission or authority.  The lawyer admitted that she printed Judge Brennan’s name on the signature line on two subpoenas and she typed in Judge Matthew J. D’Emic’s name on the signature line in a third subpoena.  In her affidavit, the lawyer “acknowledges that if the Committee brought charges against her for the misconduct under investigation, she could not successfully defend herself on the merits.”

The opinion accepted the lawyer’s resignation and struck her name from the “roll of attorneys and counselors-at-law in the State of New York, nunc pro tunc to August 16, 2012.”

Bottom line:  In Florida, lawyers can sign their own subpoenas most of the time; however, signing or printing a judge’s name to any court document without permission is always the wrong thing to do…what was this lawyer thinking?

Be careful out there!

Disclaimer: this e-mail 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

www.jac-law.com

Leave a comment

Filed under Attorney discipline, Attorney Ethics, deceit, joe corsmeier, Lawyer conduct adversely affecting fitness to practice, Lawyer conduct prejudicial to the administration of justice, Lawyer criminal conduct, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer misrepresentation, Lawyer resignation in lieu of discipline/disbarment, Lawyer sanctions