Category Archives: misrepresentations

Pennsylvania lawyer suspended after paying clients over $500,000 from own funds for false case results

Hello everyone and welcome to this Ethics Alert which will discuss the recent Pennsylvania Supreme Court suspension of a Pennsylvania lawyer for 4 years retroactively for falsely telling four clients that he had resolved their cases and then paying them over $500,000.00 from his own personal funds.  The lawyer, Keith Michael McWhirk, was suspended in a July 31, 2020 Order, which is here: http://www.pacourts.us/assets/opinions/DisciplinaryBoard/out/28DB2016-McWhirk.pdf

The lawyer agreed to a four-year suspension retroactive to Feb. 25, 2016, the date that he was previously temporarily suspended from practice. The SC Order is here:  http://www.pacourts.us/assets/opinions/Supreme/out/2247dd3%20-%201025598236209037.pdf#search=%22McWhirk%22

According to the Joint Petition in Support of Discipline on Consent, the lawyer was a named partner at a firm called Mandracchia & McWhirk in December 2015 when he lost consciousness and collapsed at a work-related event. He was hospitalized for five days and required surgery for injuries that included facial fractures.  Other lawyers who were trying to cover the lawyers files “began to discover mounting evidence of serious ethical misconduct, according to the joint petition.  The joint petition is here:  http://www.pacourts.us/assets/opinions/DisciplinaryBoard/out/28DB2016-McWhirk.pdf

The lawyer was terminated by the law firm and self-reported his misconduct in February 2016.  He provided a list of 11 client matters in which he misrepresented the status of cases to clients. In seven additional cases, the lawyer falsely advised clients that he had filed complaints, motions and responsive pleadings when he had actually not filed them.

In four cases, the lawyer used his personal funds to pay clients after telling them that he had received money from settlements, awards and legal claims. The amounts paid were $10,000.00, $31,000.00, $69,500.00 and $424,000.00.  The client who received the $424,000.00 payment was a commercial bank seeking to foreclose on a mortgage and the lawyer misrepresented that he had filed a foreclosure action and also misrepresented that a sheriff’s sale had taken place.  The other clients who received personal funds from the lawyer were two other mortgage foreclosure clients and a plaintiff who sued an auto restoration company.

The joint petition in support of discipline set forth mitigating circumstances, including that the lawyer “self-reported his misconduct and was forthright and specific”, cooperated with the Pennsylvania Office of Disciplinary Counsel, making admissions that would not have been discovered without his assistance, and “exhibited deep remorse for his misconduct.”

Before his temporary suspension in 2016, the lawyer had practiced law for more than 16 years with no prior discipline and he has been diagnosed with anxiety and depressed mood and he is receiving treatment.  The lawyer claimed that the disorder was a causal factor in several elements of his misconduct, as well as a pattern of avoidance that the lawyer learned during childhood.

According to the joint petition, the lawyer “did not mishandle or misuse funds entrusted to him by any client or from the firm but instead utilized his own funds for the ultimate benefit of clients.”  “Importantly, no misrepresentations were made to any tribunal.”  The lawyer fabricated a court order and a sheriff’s distribution sheet to support his misrepresentations,; however, they were provided only to clients and not used to the lawyer’s advantage.

Bottom line:  This is a bizarre case involving a lawyer who engaged in a “pattern of avoidance”, fabricated court documents, and paid clients over $500,000.00 of his own money to cover up his misconduct.

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.

2999 Alt. 19, Suite A

Palm Harbor, Florida 34683

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 competence, deceit, dishonesty, false statements, fraud, joe corsmeier, Joseph Corsmeier, Lawyer diligence, Lawyer discipline, Lawyer ethics, Lawyer falsifying court documents and paying fictitious judgments, Lawyer lack of competence, Lawyer lack of diligence, misrepresentations, Uncategorized

Pennsylvania lawyer disbarred after secretly referring his law firm’s clients to outside lawyers

Hello everyone and welcome to this Ethics Alert, which will discuss the recent Pennsylvania Supreme Court Order disbarring a lawyer after his conviction for defrauding his law firm out of $3.4 million by secretly referring its personal injury clients to outside lawyers for a percentage of the fees that were generated in the matters.  The case is Office of Disciplinary Counsel v. Neil I. Mittin, No. 2669.  The June 11, 2020 Pennsylvania Supreme Court Order disbarring the lawyer on consent and the lawyer’s Disciplinary Resignation are here:  http://www.pacourts.us/assets/opinions/DisciplinaryBoard/out/187DB2019-Mittin.pdf

The lawyer was admitted to practice in Pennsylvania 1979 and had practiced law at the law firm where he was a named partner for 38 years. The lawyer pled guilty to mail fraud in September 2019 and was sentenced to five years in prison in March 2020.  He was alleged to have defrauded law firm out of more than $4 million in legal fees; however, the Court awarded $3.4 million in restitution when he pled guilty to the criminal charges.

The lawyer was alleged to have intercepted numerous personal injury and other legal matters from the law firm and then referred to outside attorneys.  The lawyer allegedly hid the scheme from his law firm by making it appear there were no settlements or resolutions and that cases were not viable and then referring the cases to other lawyers, who would represent the clients through settlements or trials, prosecutors said.

If the cases were resolved successfully, the lawyers paid a referral fee between 33% and 40% of the contingency fees and reimbursement for costs incurred by the lawyer’s firm before the cases were referred.

Bottom line: This was a million dollar scheme to defraud a law firm by a member of that same law firm, who had worked there for 38 years and was a named partner.  It doesn’t get much more greedy than that.

Stay safe 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.

2999 Alt. 19, Suite A

Palm Harbor, Florida

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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New Jersey lawyer suspended for, inter alia, revealing confidential information in review of former client’s business

Hello everyone and welcome to this Ethics Alert, which will discuss recent New Jersey Supreme Court opinion which imposed a one year suspension on a lawyer for, inter alia, providing a negative public review of a client’s business on Yelp and disclosing confidential information in the review.  The case is: In the Matter of Brian LeBon Calpin (New Jersey Supreme Court No. D-67 083821).  The May 7, 2020 opinion is here:  http://drblookupportal.judiciary.state.nj.us/DocumentHandler.ashx?document_id=1129260

The NJ SC opinion essentially adopts the NJ Disciplinary Review Board Decision which found that the lawyer posted a negative public review of the client’s massage business on June 24, 2018 on the Yelp website after the client had posted public negative online reviews of his legal services.  The lawyer had ceased representing the client in “early summer 2017”.  The DRB Decision is here:  http://drblookupportal.judiciary.state.nj.us/DocumentHandler.ashx?document_id=1124239

According to the Decision, the lawyer’s review of the former client’s massage business on Yelp stated:

“Well, Angee is a convicted felon for fleeing the state with children. A wonderful parent. Additionally, she has been convicted of shoplifting from a supermarket. Hide your wallets well during a massage. Oops, almost forgot about the DWI conviction. Well, maybe a couple of beers during the massage would be nice.”

The Decision further states that, in his response to the ethics complaint, lawyer stated:

“As to the Yelp rating about (the former client’s) massage therapy business, I admit to same. I was very upset by [her] Yelp rating of my practice. This rating was made more than a year and a half after the conclusion of my representation. My disclosures, i.e. her arrests, were public information and I did not violate attorney client privilege. My position was that what was good for the goose was good for the gander. I do concede that I do not believe that the rating was my finest moment. However, it was not unethical. That posting has subsequently been taken down.”

The Decision found that, although the information posted by the lawyer may have been publicly available, the information was not generally known; therefore, the “generally known” exception in the New Jersey Bar rules regarding client confidentiality did not apply.  The decision also quoted ABA Formal Opinion 479 (December 15, 2017):  “[T]he phrase ‘generally known’ means much more than publicly available or accessible. It means that the information has already received widespread publicity.”

The Decision also found that the lawyer’s conduct in three other client matters violated ethics rules related to neglect, diligence, failure to keep clients informed, failure to deliver client funds or property, and failure to return client property after representation. The lawyer also told to a Bar investigator that he had sent a refund check to a former client, which was a misrepresentation.

The lawyer had prior discipline for “similar ethics infractions, evidencing his failure to learn from past mistakes: a June 19, 2014 reprimand for gross neglect, lack of diligence, and failure to communicate with a client, and a January 24, 2017 admonition for lack of diligence in a client matter.”

Bottom line:  This is another unfortunate example of a lawyer reacting badly to a client’s negative online review and including confidential (and not generally known) information in responding to a negative client review.  As I have said and written many times, lawyers are not permitted to include client confidential information in responding to negative online reviews that are in the public domain.

Stay safe and healthy and 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.

2999 Alt. 19, Suite A

Palm Harbor, Florida

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 who stole $128,674.30 from mentally ill client, including charging hourly rate for mowing her lawn, indefinitely suspended

Hello everyone and welcome to this Ethics Alert, which will discuss the recent Ohio Supreme Court opinion indefinitely suspending an Ohio lawyer who stole over $128,674.30 from mentally ill client, including charging hourly rate for mowing her lawn, helping find an apartment, and shopping for her.  The case is Disciplinary Counsel v. Buttars, Slip Opinion No. 2020-Ohio-1511.  The April 21, 2020 opinion is here:  http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2020/2020-Ohio-1511.pdf

According to the opinion, the lawyer first began working for the client, who suffered from mental illness, alcoholism, and depression, in 2015. His law firm agreed to represent the client for $20 per month but the lawyer entered into a separate written fee agreement to represent her “in any capacity” at an hourly billable rate of $250.00.  The client told the lawyer that she could not pay him immediately; however, she was going to receive “a substantial inheritance” from her mother’s estate when the mother passed away.

After the client’s mother died in 2015, the lawyer, who had his own law firm at that time, assisted with the administration of the client’s mother’s estate and also performed nonlegal, personal jobs for her, including assisting her with a new apartment, mowing her lawn, and shopping for her. He charged either his hourly rate of $250.00 or the paralegal rate of $150.00 per hour.

The lawyer transferred $10,000.00 from one of the client’s bank accounts in May 2016 for personal and business expenses.  He told her that he made a mistake and advised her to sign a promissory note saying that it was a loan; however, he did not advise her that she could seek independent counsel on the issue.

The lawyer was convicted of fourth-degree felony theft from the client in May 2019 and was temporarily suspended based upon that conviction.  A disciplinary complaint was subsequently filed against the lawyer for violating rules prohibiting collecting illegal or clearly excessive fees; entering into a business transaction with a client without complying with the requirements of the disciplinary rules; and fraud.

According to the opinion, “(t)he parties stipulated—and the board agreed—that although (the lawyer) transferred $147,710.85 from E.H.’s accounts, he and his law firm had earned only $19,036.55, leaving $128,674.30 as the total amount that he had either stolen or overcharged. (The lawyer) repaid to E.H. $12,500 in January 2017 and $50,000 during his criminal proceeding. Therefore, at the time of his disciplinary hearing, he owed E.H. restitution in the amount of $66,174.30, which included the $29,450 that he had been ordered to make as part of his criminal sentence. Because the criminal case did not account for the amounts that (the lawyer) had overcharged E.H., the restitution amount in this disciplinary matter is substantially greater than that ordered in (the lawyer’s) criminal case.”

The lawyer paid $12,500.00 back in January 2017 and $50,000.00 during the criminal proceedings, which left a balance of more than $66,000.00 owed, including $29,450.00 that the lawyer had been ordered to make as part of his criminal sentence.  The opinion found aggravating factors of acting with a dishonest and selfish motive, engaging in a pattern of misconduct, and committing multiple offenses while representing a “particularly vulnerable client”.

According to the opinion, “(t)he presumptive sanction for an attorney’s misappropriation of client funds is disbarment, but that presumption may be tempered with sufficient evidence of mitigating or extenuating circumstances…(t)he board accepted the parties’ proposed sanction and recommends that we indefinitely suspend (the lawyer)—rather than disbar him—based on his acceptance of responsibility, sincere remorse, and commitment to make things right with E.H. To support its recommendation, the board cited two cases in which we indefinitely suspended attorneys who similarly misappropriated funds while serving in positions of trust.”

The opinion imposed an indefinite suspension, with no credit for the time that he was suspended under the interim felony suspension and his reinstatement was conditioned upon proof of the lawyer’s payment of the remaining $66,000.00 owed his client.

Bottom line:  This lawyer admitted stealing or “overcharging” $128,674.30 from the client; however, he was indefinitely suspended and not disbarred.  This most likely would not happened in Florida (or most other jurisdictions).

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.

2999 Alt. 19, Suite A

Palm Harbor, Florida

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Please note:  My office has moved and the new office address is 2999 Alt. 19, Palm Harbor, FL 34683.  All other contact information remains the same.

Joseph Corsmeier

about.me/corsmeierethicsblogs

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Illinois disciplinary complaint alleges that law firm partner double billed clients and charged personal expenses to firm

Hello everyone and welcome to this Ethics Alert, which will discuss the recent Illinois disciplinary complaint which alleges that a now former law firm partner double billed clients more than $108,674.00 and improperly charged personal expenses of $78,790.43 to the law firm. The case is Illinois Attorney Registration and Disciplinary Commission v. Robert John Hankes, Commission No. 2019PR00102, and the complaint is here:  https://www.iardc.org/19PR0102CM.html

According to the complaint, “In 2009, the firm performed services for a separate client (a construction company) in connection with a contract dispute. The firm assigned that matter an internal number that it used for billing purposes, and Respondent was aware of that number because he was the billing attorney responsible for the matter. That billing number became dormant in 2011, about two years after the firm’s involvement in the contract dispute ended.”

The financial institution’s agreements with the customer companies permitted them to be billed directly by the law firm for legal services in certain matters.  The complaint alleges that in one matter, the lawyer billed both the financial institution client and one of its lessees $23,782.50 for the same legal services related to a lease. The lawyer applied the double payment to the dormant law firm account that he reactivated and controlled.

According to the complaint, between January 31, 2018 and September 27, 2019, the lawyer sent eight more false invoices to the financial institution’s customer companies, receiving $108,674.00, which he deposited into the reactivated account. He also allegedly billed the financial institution for those same services.

During that same time, the lawyer allegedly also charged his business and personal expenses to the dormant account, receiving $78,790.43, including golf fees, dining, and travel expenses.  The lawyer was terminated in October 2019 after the alleged misconduct was discovered.

Bottom line:  If the allegations in this Illinois disciplinary complaint are true, this lawyer was greedy and believed that his surreptitious actions would keep his misconduct from being discovered.  He was wrong.

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.

2999 Alt. 19, Suite A

Palm Harbor, Florida

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Please note:  My office has moved and the new office address is 2999 Alt. 19, Palm Harbor, FL 34683.  All other contact information remains the same.

Joseph Corsmeier

about.me/corsmeierethicsblogs

 

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Florida Supreme Court permanently disbars lawyer for, inter alia, breaking into former law firm, creating parallel firm, and filing multiple improper fee liens

Hello everyone and welcome to this Ethics Alert, which will discuss the recent Florida Supreme Court Order permanently disbarring a Florida lawyer for, inter alia, breaking into his former law firm and the firm’s storage unit, creating a parallel law firm, and filing multiple improper fee liens.  The case is The Florida Bar v. Christopher Louis Brady, Case No.: SC19-39, TFB No. 2019-10,127(12B)(HES).  The July 11, 2019 Florida Supreme Court Order is here: https://lsg.floridabar.org/dasset/DIVADM/ME/MPDisAct.nsf/DISACTVIEW/2A42CACF97608E7785258439000C41B7/$FILE/_11.PDF 

According to the referee’s report, the lawyer was employed as an associate at a law firm and was fired in July 2018 after missing hearings and for exhibiting “odd and concerning behavior.”  Almost immediately after his firing, the lawyer began holding himself out as the owner of the former law firm even though there was one sole owner.  The Report of Referee is here: https://lsg.floridabar.org/dasset/DIVADM/ME/MPDisAct.nsf/DISACTVIEW/32070D97303477DA852583DF000AB0F1/$FILE/_19.PDF.  The lawyer justified his actions by claiming that the former law firm’s failure to use periods in “PA” when created as a professional association gave him the right to create a new firm of the same name by filing as a professional association with periods, so that it read “P.A.”.

The lawyer and his twin brother were also criminally charged with burglarizing the former law firm’s office in August 2018.  A videotape of the burglary apparently showed the lawyer and his brother backing a truck up to the law firm, tying a rope from the truck to the front door and using the vehicle to rip the door open. The video also showed the lawyer and his brother removing a safe and the law firm’s computer server.  A few days later, the lawyer and his brother burglarized the law firm owner’s storage unit using keys which were taken from a safe that was stolen during the law firm burglary, according to the referee.  The lawyer also stole a firearm during the burglary.

The lawyer filed several documents on behalf of the law firm and its clients without their knowledge or authority, and filed a false confession of judgment in his own favor.  He also filed more than 100 notices of liens for fees in the law firm’s pending cases “in an attempt to grab fees from cases to which he was not entitled.”

The law firm owner obtained an injunction which barred the lawyer from harassing him or interfering with his business.  The injunction also prohibited the lawyer from contacting the firm owner, his employees, his clients or his attorney. The lawyer violated that injunction multiple times and a court order was issued holding him in contempt for violating the injunction three times.

The referee’s report cited the lawyer’s refusal to acknowledge the wrongful nature of his conduct as one of the multiple aggravating factors and recommended permanent disbarment.  According to the referee’s report, “(the lawyer’s failure to acknowledge the wrongful nature of his misconduct) is perhaps the most profoundly implicated aggravator in this case”.  The lawyer “clings to his justification for his actions with a ferocity that is quite disturbing.”

Bottom line:  This case is certainly very bizarre and the lawyer’s conduct as set forth in the report of referee is extremely disturbing.

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 Bar Board of Governors approves proposed Bar rule prohibiting misleading law firm information in all lawyer advertisements

Hello everyone and welcome to this Ethics Alert, which will discuss the recent approval of revisions to Florida Bar Rule 4-7.13 by the Florida Bar Board of Governors (BOG).  If implemented, the proposed revisions would prohibit misleading law firm information in all Florida lawyer advertisements.

As I previously reported, the agenda for the BOG’s May 26, 2019 meeting included final action on a proposed amendment to Florida Bar Rule 4-7.13 related to misleading law firm advertisements. The BOG ethics committee previously voted not to approve a proposal to add Bar Rule 4-7.13(c), which would have stated:

It is inherently misleading or deceptive for a lawyer to intentionally use, or arrange for the use of, the name of a lawyer not in the same firm or the name of another law firm as words or phrases that trigger the display of the lawyer’s advertising on the internet or other media, including directly or through a group advertising program.”

The revised proposed rule would broaden the prohibition to include all advertisements stating or implying that a lawyer is affiliated with the advertising lawyer or law firm in a way that misleads a person searching either for a particular lawyer or law firm or for information regarding a particular lawyer or law firm, to unknowingly contact a different lawyer or law firm.  The proposed rule is below.

RULE 4-7.13 DECEPTIVE AND INHERENTLY MISLEADING ADVERTISEMENTS 

(b) Examples of Deceptive and Inherently Misleading Advertisements. Deceptive or inherently misleading advertisements include, but are not limited to advertisements that contain: 

(11) a statement or implication that another lawyer or law firm is part of, is associated with, or affiliated with the advertising law firm when that is not the case, including contact or other information presented in a way that misleads a person searching for a particular lawyer or law firm, or for information regarding a particular lawyer or law firm, to unknowingly contact a different lawyer or law firm.

The proposed rule will now undergo a review process and will be sent to the Florida Supreme Court in a petition for potential approval and implementation.

Bottom line:  As I have previously reported, if the revised Rule 4-7.13 prohibiting all of these types of misleading advertisements is implemented by the Florida Supreme Court, the rule would be consistent with other jurisdictions that have considered the issue.

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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Illinois disciplinary complaint alleges that lawyer lied about cancer to obtain delays in litigation and justify LSAT score

Hello everyone and welcome to this Ethics Alert which will discuss the recent Illinois disciplinary complaint that alleges that a lawyer falsely claimed that both he and a nonexistent son had stomach cancer in multiple false statements that began when he applied for admission to law school.  The disciplinary matter is: In the Matter of Vincenzo Field, Commission No. 2018PR00015.  The first amended disciplinary complaint was filed on February 8, 2019 and the link is here:  https://www.iardc.org/18PR0015CM.html

The amended disciplinary complaint alleges that the lawyer made the false cancer claims to courts as well as to his law school and that he made false statements to his former law firm regarding an expert witness who was supposedly unable to provide services because his daughter was hit by a car.

The amended complaint also alleges the lawyer falsely told his law school he had a score of 158 the first time he took the Law School Admission Test (LSAT) because he recently had surgery for a stomach cancer called leiomyosarcoma. He also told the law school that he obtained a score 173 on a later LSAT after he allegedly recovered from the surgery.

The amended complaint further alleges that the lawyer used the false cancer tumor and surgery excuse in August and October 2013 when he asked for an extension to the discovery deadline in a litigation matter, and again in another case in December 2015 when he requested a discovery extension. He also allegedly asked for an extension to the deadline to file a court document in the 2013 matter and falsely stated that he had to fly to Montreal for a funeral.

Further, according to the amended complaint, in July 2016, the lawyer told lawyers in another litigation matter who were representing the government that his son was scheduled to undergo cancer surgery and that he would need an extension of time. He later said his son suffered from leiomyosarcoma.  The lawyer did not have a son.  The lawyer then allegedly admitted to the court in August 2016 that he had made the false statements and said that “this is something that I have never done before.”

The lawyer is represented by counsel in the disciplinary matter, and his answer to the initial complaint states that the lawyer had used the false cancer statement in his law school application because he suffered from depression and that the depression required him to take a leave of absence from his studies and affected his ability to perform on the LSAT.

The lawyer admitted to other factual allegations in his answer, but he denied that he acted in bad faith or with the intent to mislead.  He also denied that he had any serious illness and did not admit to any disciplinary rule violations.  The answer to the complaint is here:  https://www.iardc.org/ANS18pr0015.pdf

Bottom line:  If true, the allegations against this lawyer show a serious lack of integrity and truthfulness, to say the least.  If there is an underlying health condition, this should certainly not excuse the alleged conduct; however, it must be addressed, particularly since the lawyer (through his lawyers) denies that he has a “serious illness”.

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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