Category Archives: Lawyer sanctions for lying and posting on social media

Illinois Disciplinary Board recommends 6 month suspension for lawyer who created false internet dating profile for opposing lawyer

Hello everyone and welcome to this Ethics Alert which will discuss the recent Illinois Disciplinary Hearing Board Report and Recommendation which recommended a 6 month suspension for a lawyer who created a false Match.com dating profile for an opposing lawyer, falsely denied doing it, and posted false negative internet reviews on the same lawyer.  The case is In re Drew Randolph Quitschau, Commission No. 2017PR00084 (June 6, 2018).  The Report and Recommendation of the Hearing Board is here: https://www.iardc.org/rd_database/rulesdecisions.html.

A disciplinary complaint was filed against the lawyer on August 4, 2017.  The complaint stated the lawyer was a partner in a law firm in Bloomington, Illinois until February 10, 2017 when he was terminated.  The lawyer and another Illinois lawyer named Michelle Mosby-Scott had appeared as opposing counsel in 17 proceedings and both appeared as opposing counsel in seven proceedings between June 2016 and February 2017.

Count I of the complaint alleged that the lawyer engaged in dishonesty by creating a false profile on Match.com in the name of another attorney, without the other attorney’s permission, and making several false representations in that profile and also that the lawyer made a false statement to a partner at his law firm by denying any responsibility for the false profile. Counts II through V alleged that the lawyer engaged in dishonesty by using the Internet to register with organizations or subscribe to materials in the name of the same other attorney, without the other attorney’s permission. Counts VI and VII alleged that the lawyer engaged in dishonesty by posting on the Internet false and negative reviews of the professional ability of the same attorney.  The disciplinary Complaint is here: https://www.iardc.org/17PR0084CM.html

According to the Report, the lawyer admitted to all of the misconduct allegations in his Answer to the complaint and the Hearing Board found that all misconduct charges were proven.  A hearing was held on February 6 and March 2, 2018 and the Report further states:

“The Match.com profile created by Respondent included the following representations that Respondent knew were false: Mosby-Scott was separated from her husband; her children sometimes live with her; she smokes but is trying to quit; she regularly drinks alcohol; she is an agnostic; she is 56 years of age; she does not exercise and enjoys auto racing and motor cross; she has cats; and her favorite hot spots are the grocery store, all restaurants, the Pizza Ranch, all buffets, and NASCAR.

Also in September 2016, Respondent downloaded several photos of Mosby-Scott from her law firm website. He then uploaded those photos to the Match.com profile he created so that the photos could be viewed by the general public. Respondent knew the profile he created in Mosby-Scott’s name was false and knew she had not authorized him to create the profile, user name, password, or email address.

In early October 2016, Mosby-Scott became aware of the Match.com profile in her name. She filed a lawsuit requesting the court to provide her with the Internet Protocol (IP) address associated with the Match.com profile. On December 9, 2016, Match.com provided to Mosby-Scott that IP address. On January 20, 2017, Comcast, the Internet provider for the Thomson & Weintraub law firm gave written notice that the law firm’s IP address was used to create the false Match.com profile for Mosby-Scott. On the same date, Terrence Kelly, a partner at Thomson & Weintraub informed employees that the firm’s IP address was used to create the false profile. He also announced that the firm would be hiring a computer expert to examine all of the firm’s computers. On about the same date, Kelly asked Respondent whether he had created the false profile, and Respondent denied doing so. Respondent knew his statement to Kelly denying that Respondent created the profile in Mosby-Scott’s name was false.”

The Report states that the Board “discussed the seriousness of the misconduct, the aggravating and mitigating factors, and concluded that a fixed term of a suspension, even a lengthy one, will not adequately maintain the integrity of the legal profession or protect the administration of justice from reproach and recommended Respondent be suspended from the practice of law for six months and until further order of the Court.”

Bottom line:  This lawyer admitted all of the bizarre allegations of misconduct in his Answer, including that he had created the Match.com profile “downloaded several photos of (the opposing lawyer) from her law firm website (and) then uploaded those photos to the Match.com profile he created so that the photos could be viewed by the general public” and lying to his law firm by denying that he created it.  He also admitted posting false and negative reviews of the lawyer’s professional ability on the internet; however, there is nothing in the Complaint or Report which discusses the actual motives behind this very strange and inexplicable conduct by the lawyer.  The Report and Recommendation will now be sent to the Illinois Supreme Court for review and a final opinion.

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, lawyer creating false internet profile for opposing counsel, Lawyer ethics, Lawyer false statements, lawyer improper social media conduct, Lawyer sanctions for lying and posting on social media, Lawyer social media ethics, lawyer suspension social media misconduct, Lawyers and social media

Federal magistrate sanctions New York lawyer for lying about family emergency after Instagram posts showed she was on vacation

Hello everyone and welcome to this Ethics Alert, which will discuss recent opinion of a U.S. District Court magistrate sanctioning a New York lawyer who claimed that she missed a deadline because of a family emergency but was apparently on vacation.  The case is: Siu Ching Ha v. Baumgart Café of Livingston, Civil Action No. 15-5530 (ES) (MAH), and the magistrate’s opinion is here:  Ha v. Baumgart Café of Livingston Instagram sanctions

The lawyer, Lina Franco, and her co-counsel, John Troy, filed for an extension of time to file 16 days past the deadline to file a motion for conditional class certification.  The lawyer said she had to leave the country for the family emergency and submitted a flight itinerary showing she had flown from New York City to Mexico City on Thursday, November 21, 2016 and stayed there until December 8, 2016.

Opposing counsel filed a motion objecting to the extension and for sanctions claiming that Instagram photos from Franco’s public social media account indicated that she was in New York and then Miami during that period.  Franco told the magistrate that she had gone to Mexico City earlier in November and that her mother’s medical diagnosis sent her “into a tailspin” that caused her to miss the deadline and submit an erroneous itinerary.

The magistrate found that “November 21, 2016 was indisputably a Monday, not a Thursday” and, although Franco was in Mexico City in early November 2016, she was apparently in New York City when she missed the Nov. 23, 2016 deadline to file a motion for class certification in a wage-and-hour suit.  The magistrate found that Franco deliberately had misled the court and her co-counsel and that her “misrepresentations to the court clearly constitute bad faith and were unreasonable and vexatious, not simply a misunderstanding or well-intentioned zeal.”   The magistrate granted the motion and imposed sanctions against Franco in the amount of $10,000.00.

Franco was local counsel in the lawsuit and her co-counsel, Troy, was admitted into the case pro hac vice. Troy told the magistrate that he had e-mailed the motion to Franco on the afternoon of the deadline and had expected her to file it and he was unaware of her alleged family emergency. He said he did not follow up with Franco to make sure the motion was filed because he had worked with her in the past and believed that she was reliable.

Both Franco and opposing counsel sought to have Troy held jointly and severally responsible for the sanction; however, the magistrate did not agree, stating that “(e)ven assuming, solely for the sake of argument, that Mr. Troy had a duty to supervise Ms. Franco and was somehow derelict in discharging that duty, such dereliction falls well short of the standard to impose sanctions”.  Opposing counsel requested $44,283.00 in attorney fees and costs; however, the magistrate found that amount to be “unreasonably high” and ordered sanctions in the amount of $10,000.00 to be divided among the three opposing counsel.

Bottom line:  This is a very clear example of a lawyer whose false statements in court documents and in a court proceeding were exposed because of social media posts, in this case Instagram.

Be careful out there in our digital social media world…oh and don’t lie and post pictures on social media exposing the lie.

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, Attorney misrepresentation, deceit, dishonesty, 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 ethics, Lawyer Ethics and Professionalism, Lawyer false statements, Lawyer misrepresentation, Lawyer sanctions false statements and Instagram photos, Lawyer sanctions for lying and posting on social media, Lawyer sanctions lying in court document