Category Archives: Lawyer sex with client

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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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

Ohio Supreme Court suspends lawyer who engaged in sexually oriented text messages with a client

Hello everyone and welcome to this Ethics Alert blog which will discuss the June 14, 2016 Ohio Supreme Court disciplinary opinion suspending a lawyer for one year (with six months stayed) for engaging in voluntary sexually explicit text messages and photos with a client.  The case is Disciplinary Counsel v. Bartels, Case No. 2015-1638, Slip Opinion No. 2016-Ohio-3333 and the opinion is here:  http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2016/2016-Ohio-3333.pdf

The Ohio Office of Disciplinary Counsel charged a lawyer named N. Shannon Bartels in 2014 with violating the Ohio Bar rule prohibiting a lawyer from soliciting or engaging in sexual activity with a client, unless a consensual sexual relationship existed before the client-lawyer relationship began.  The lawyer was alleged to have had sexual conversations in hundreds of text messages with the client, who had retained her to handle his divorce.

According to the opinion, “(i)n November 2012, Troy Bailey retained Bartels to represent him in his divorce. The divorce was finalized by court entry in July 2013. However, commencing in late February or early March 2013, Bartels and Bailey began exchanging multiple text messages with each other that were sexually oriented. The messages continued for approximately one month and were mutual and reciprocal in their sexual content, but Bartels and Bailey did not actually engage in sexual intercourse with each other.”

After learning of the texts and the relationship, the client’s girlfriend tried to blackmail the lawyer by threatening to send the text messages to authorities if the client did not get what he wanted in his divorce and receive a refund of the fees that the client paid to represent him in the divorce.  The lawyer ultimately reported the threats to law enforcement and the client and the girlfriend were charged with crimes.  The client and his girlfriend (Ann Perkins) both pled guilty to obstructing justice, a fifth-degree felony, and were placed on probation for two years.

The lawyer had previously been publicly reprimanded in 2010 for engaging in a sexual relationship with a married client and the opinion stated “(b)ecause this is Bartels’ second disciplinary action within five years for a violation of the same rule and her responses to the questions at the hearing indicate a lack of awareness of the nature of her wrongdoing, we conclude that the board’s recommended sanction (of a one year suspension) is the more appropriate option.”

The opinion imposed the one year suspension with six months of the suspension stayed subject to the conditions that the lawyer receive training on proper communications and interactions with clients, and also serve one year of monitored probation when her license is reinstated.  In addition to the training and probation, the lawyer must also not commit further misconduct and pay the costs of the proceedings.

Bottom line:  Even in our age of text messaging and electronic/digital communications, the conduct of this lawyer seems to be inexplicable.  As the Ohio Supreme Court opinion makes very clear, lawyers should never engage in sexual conduct with a client, particularly in divorce/family law matters.  The only potential exception is if the consensual relationship began before the representation; however,

Be careful out there!           

Disclaimer:  this Ethics Alert is not an advertisement and 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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Filed under Attorney discipline, Attorney Ethics, joe corsmeier, Joseph Corsmeier, Lawyer discipline, Lawyer discipline alleged sexual misconduct, Lawyer discipline sexting texting with client, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer sex with client, Lawyer sexting with client