Category Archives: Lawyer threatening e-mails

New York lawyer receives four month suspension for “excessively aggressive” and threatening conduct

Hello everyone and welcome to this Ethics Alert which will discuss the recent New York Appellate Court opinion suspending a lawyer for 4 months for engaging in aggressive, threatening, and bizarre conduct. The case is Matter of Bailey, 2019 NY Slip Op 02487 (April 2, 2019).  The disciplinary opinion is here: http://nycourts.gov/reporter/3dseries/2019/2019_02487.htm#2FN

The opinion states that the lawyer engaged in inappropriate conduct several times in 2016.  In one instance, the lawyer barged into an arbitration hearing at his law firm, started taking pictures with his telephone, and said: “This will be in the newspaper when I put this in there after we kick your asses.”

In a second matter, the lawyer threatened the resident of a building owned by a law firm client after that individual had alleged that the owner was overcharging tenants in an online post.  The lawyer demanded that the individual take down the post because it was defamatory and, when this did not occur, the lawyer sent a text to the individual stating that he would use “all means necessary” to protect his client.

The lawyer later called the individual, who recorded the conversation, and said that the resident should kill himself because he was worthless and that he would have him arrested.  The lawyer also said: “(y)ou have no idea what you stepped into . . . Welcome to my world. Now you’re my bitch . . . you’re gonna be paying for this heavily for the rest of your life.”

The Attorney Grievance Committee (AGC) held a hearing on the matter and found that the lawyer’s conduct violated multiple New York disciplinary rules, including threatening criminal charges solely to obtain an advantage in a civil matter and conduct that adversely reflects on counsel’s fitness as a lawyer, and recommended that the lawyer be suspended for three months.

A referee was appointed, who found, inter alia, that the lawyer “engaged in excessively aggressive behavior while representing a client. . . . (,) failed to conduct himself within the bounds of propriety, and . . . violated one or another Rule.’ The Referee found that respondent had never apologized to the arbitrator, the witness whose testimony respondent interrupted, or to Mr. Dawson and “refuse(d) to take full responsibility for his actions, which would include admitting he knew that he was interrupting an arbitration, properly apologizing, and recognizing that his aggressive litigation tactics must be controlled.”  The referee recommended that the lawyer be suspended for 3 months.

The opinion rejected the lawyer’s argument for a public censure because he failed to apologize for his actions and he had been admonished in 2011 and 2014 for aggressive behavior and failing “to conduct himself within the bounds of propriety.”  The opinion also rejected the AGC and referee’s recommendation of a 3 month suspension and imposed a 4 month suspension “until further order of the Court” and required the lawyer to “engage in counseling for a period of up to one year, as determined and monitored by the New York City Bar Association’s Lawyer Assistance Program.”

Bottom line: this lawyer engaged in in bizarre and very aggressive conduct, including stating to an individual (on a recorded line): “Now you’re my bitch … you’re gonna be paying for this heavily for the rest of your life.”  The suspended the lawyer for 4 months and required that the lawyer participate in counseling supervised the Bar’s Lawyer Assistance Program for 1 year.

Be careful out there.

Disclaimer:  this Ethics Alert 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, joe corsmeier, Joseph Corsmeier, Lawyer bad conduct, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer suspension for “excessively aggressive” and threatening conduct, Lawyer threatening e-mails, Lawyer threats and discipline, Uncategorized

Florida lawyer suspended for hijacking former firm’s e-mail accounts and making disparaging comments on Facebook

Hello everyone and welcome to this Ethics Alert which will discuss recent Florida Supreme Court Order suspending a lawyer for, inter alia, hijacking his former firm’s e-mail accounts and making disparaging comments on Facebook.  The Supreme Court Order is here:  9/20/18 Florida Supreme Court Order-Paul Green

According to the report of referee, which is here:  8/20/18 Green Report of Referee, the lawyer was alleged to have retaliated against his former law firm after he was terminated by hijacking the firm’s e-mail account, posting false and disparaging comments on Facebook about the lawyer who fired him, and communicating inappropriately with a client.

The referee’s report states that the lawyer was fired from his law firm after he used the firm credit card for personal matters, took unauthorized draws from the firm, missed work and took vacations without discussing them with the owner of the firm, made political comments on the firm’s Facebook page, and wrote a derogatory text message about his wife’s lawyer during his divorce. The lawyer’s text said: “Tell Dana Price I hope she dies of dirty Jew AIDS.”

After being terminated, the lawyer changed the password to his former firm’s e-mail accounts and, when the firm turned off the lawyer’s telephones, he agreed to restore the e-mail access only if the firm turned his telephones back on.  After this occurred, however, the lawyer again blocked the firm’s access to e-mail and directed the e-mails to himself.

The lawyer also posted to the law firm’s Facebook page falsely claiming that the firm owner had been “Baker Acted”, a reference to the Florida law related involuntary commitments when a person has a mental condition which poses a danger to that person or to others. The lawyer’s Facebook post also said the letters sent by the former law firm to firm clients that the firm’s e-mails were hacked were untrue.

According to the referee’s report:

“On or about September 5, 2017, Respondent posted the following on Parker & Green, P.A.’s Facebook page:

If you’re wondering what’s going on…Patricia Parker was Baker Acted last Saturday. She has sent letters to all of you clients saying everything was hacked. It wasn’t but please be careful if you decide to go with the law office of Patricia L. Parker. Nothing was hacked but she is trying to get off her suicidal thoughts and is convincing clients she is ok. Don’t worry, my email still works and I am working with the Florida Bar to make sure she gets the help she needs. If you are a client, do not pay a bill until the Florida Bar decides what they will be doing with Ms. Parker. Any correspondence by Alix Diaz who has hacked email accounts owned by Mr. Green, should also be taken with a degree of skepticism. She’s been off her meds for a few months and things have finally taken their toll. I think her impending divorce to her husband for infidelity is part of the problem. If you’re trying to reach Mr. Green, he can still be reached at pgreen@itspersonaljax.com as he owns the domain and website.”

“A short time later in a second post on the firm’s page, Respondent stated:

Everyone should make sure their loved ones don’t need any mental help. Please check. If your brother, sister, father, mother, or business partner threaten to commit suicide … please get them help, before they hurt someone, themselves, or a trusted client. Luckily, Mr. Green doesn’t have that problem. pgreen@itspersonaljax.com.”

The lawyer told the false Baker Act story to a firm client he saw at Everbank Field in Jacksonville. He also said that the other lawyer in the firm had violated ethics rules and that he would finish the client’s case for free if she would make a statement about the other lawyer. He also told the client he would like to get together for drinks to discuss the case.  The lawyer sent numerous texts to the client; however, she did not respond and she subsequently filed a Florida Bar complaint against the lawyer. After the client filed her Bar complaint, the lawyer approached her while she was working as a bartender, slammed his hand down on the bar and said, “Good luck with that complaint.”

The referee recommended a 60 day suspension, a requirement that the lawyer contact Florida Lawyers Assistance, Inc. (FLA, Inc.) within 30 days for an evaluation and comply with all requirements of the evaluation, including an FLA, Inc. contract if one is recommended, and payment of the Bar and FLA costs.  The Florida Supreme Court Order adopted the findings of the referee and suspended the lawyer for 60 days with the recommended conditions.

Bottom line: This is a lawyer who engaged in improper conduct while with a law firm and then apparently went out of control after being terminated, including posting disparaging comments on social media.  The Court has suspended the lawyer for 60 days and required that he undergo an evaluation through FLA, Inc. and, if recommended, to comply with any and all treatment requirements in an FLA contract.

Be careful out there.

Disclaimer:  this Ethics Alert 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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New Jersey lawyer is reprimanded for telling Bar discipline official that he should “go f*** himself”

Hello everyone and welcome to this Ethics Alert which will discuss the recent reprimand of a New Jersey lawyer who, inter alia, told a Bar official to GO F**K YOURSELF!!!!!!!!!!!!!!!!!!!!!”.  The case is In the Matter of Michael Rychel, Docket No. DRB 16-250, District Docket No. IIA-2014-0007E.  The April 10, 2017 OAE disciplinary report is here: http://drblookupportal.judiciary.state.nj.us/DocumentHandler.ashx?document_id=1082359 and the February 9, 2018 discipline Order is here:  http://drblookupportal.judiciary.state.nj.us/DocumentHandler.ashx?document_id=1094024

The lawyer was admitted to practice in New Jersey in 1992.  According to the April 10, 2017 OAE report,  the lawyer sent e-mails to the director of the New Jersey Office of Attorney Ethics (OAE) and an OAE investigator on November 7, 2012.  The e-mails were sent within minutes of each other.

The lawyer’s first e-mail to the OAE investigator stated:  “Do me a big favor and tell Director Centinaro, THANKS FOR THE BACK UP!!!!!!!!!!!!!!!!!!!! I really appreciate his f*****g lack of concern. THIS IS A F*****G ATROCITY THAT AN HONEST LAW ABIDING ATTORNEY SHOULD HAVE TO GO THROUGH THIS S**T!!!!!! TELL CHARLES CENTINARO THAT I SAID TO GO F**K HIM SELF [sic]!!!!!!!! QUOTE ME IN YOUR REPORT!!!!!! NO OFFENSE AGAINST YOU, I KNOW YOU’RE A DECENT HONEST GUY.  mIKE RYCHEL”

In the second e-mail to the OAE director, the lawyer stated:  “Hey Charlie, here’s an example of what you’re [sic] f*****g AMBULANCE CHASING attorneys and their minions do to honest hardworking attorneys who comport their conduct to the RPC’s, 2C and the IRS code. Thanks so much for the back up [sic]. Look personally between me and you GO F**K YOURSEL ELF!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!  Mike Rychel”

The lawyer testified that the reason that he was so upset and sent the e-mails was that he perceived system-wide corruption by ethics officials who handled his claims of misconduct against others, and was “troubled that his grievances had been dismissed.”   He said that he sent the second e-mail to the OAE director because he was afraid the investigator would not convey his message.

The lawyer also admitted that his e-mail was “emotive, that it was discourteous, it lacked civility. Any further inquiry, whether or not it is abusive, whether it’s lewd, whether it’s obscene, I believe is superfluous and goes beyond the parameters of the Rule in terms of proving the necessary — the necessary proofs of a violation of a 3.2.”

The discipline Order reprimanded the lawyer and required the payment of the disciplinary costs and dismissed the grievance filed by the lawyer against the OAE since that was “no reasonable prospect of proving unethical conduct by clear and convincing evidence.”

Bottom line:  This lawyer apparently was so upset that he completely lost his ability to think clearly and he also failed to follow the very simple rule to think before sending an e-mail communication (or text message) which is instantaneous and permanent and cannot be taken back.

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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Georgia Supreme Court rejects lawyer’s agreement for reprimand for threatening and improper e-mails in his divorce case

Hello everyone and welcome to this Ethics Alert which will discuss the recent opinion of the Georgia Supreme Court rejecting an agreement between a lawyer and the Georgia Bar for a reprimand as a sanction for the lawyer’s “inappropriate threatening language, intimidation and personal attacks directed to opposing counsel” during his divorce case. The case is In the Matter of John Michael Spain, No. S17Y0010 (February 27, 2017) and the Court’s opinion is here:  http://www.gasupreme.us/wp-content/uploads/2017/02/s17y0010.pdf

The lawyer, who was admitted in Georgia in 1999, sent the e-mails over a period of two days while he was representing himself in his divorce matter.  He pled no contest to misdemeanor charges of stalking and harassing communications related to the e-mails and was sentenced to one year of probation on each count to be served consecutively.

In the agreement with the Georgia Bar, the lawyer admitted that the e-mails included “inappropriate threatening language, intimidation and personal attacks directed to opposing counsel, including inappropriate remarks about counsel and members of her family, and ad hominem statements about his wife.”

The lawyer cited as mitigating factors that he had no prior discipline and that he was suffering from his personal and emotional problems related to the marriage and stated that he has received professional help for his problems and he has retained a lawyer to represent him in the divorce.  He also stated that acted in good faith to rectify the consequences of his conduct by entering the pleas, that he has cooperated fully with the Bar, that his misconduct did not involve his practice or his clients, that he was deeply remorseful and recognized that his conduct was contrary to his professional obligations and longstanding personal values, and that he wished that he could reverse his actions.

The Georgia Bar agreed to the reprimand under the “unique set of circumstances’; however, after reviewing the record and relevant cases, and analyzing the facts, the opinion rejected the petition for voluntary discipline for a reprimand.

Bottom line:  This case involves some allegedly egregious conduct by a lawyer who was representing himself in his own divorce proceeding.  A lawyer is responsible for his or her actions, even if the conduct occurs outside of the representation of a client if they result in violations of the Bar Rules.  This also appears to clearly demonstrate the application of the old proverb, commonly attributed to Abraham Lincoln (although likely much older), that: “A man who acts as his own lawyer has a fool for a client”.

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, joe corsmeier, Joseph Corsmeier, Lawyer criminal conduct, Lawyer derogatory remarks, Lawyer discipline, Lawyer discipline for criminalconviction, Lawyer disparaging statements to opposing counsel in own divorce, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer threatening e-mails, Lawyer threats and discipline