Tennessee lawyer disbarred for, inter alia, false and exaggerated time entries and making false statements in court under oath

Hello everyone and welcome to this Ethics Alert, which will discuss the recent Tennessee Supreme Court opinion disbarring a lawyer for, inter alia, giving a false statement under oath, knowingly testifying falsely in a court proceeding, and seeking an unreasonable fee  The case is Tennessee Board of Professional Responsibility v. Loring Edward Justice, Case No. E2017-01334-SC-R3-BP.  The link with the July 2, 2019 SC opinion is here: https://docs.tbpr.org/justice-2254-sc-decision.pdf.

According to the opinion, the lawyer made false and exaggerated time entries when he submitted a request for more than $103,000 in legal fees for the time that he spent fighting Lowe’s Home Centers over a discovery violation.  The lawyer also claimed his paralegal’s work as his own and falsely stated that he had kept “contemporaneous records” of the time he spent in the underlying discovery dispute.  The lawyer also submitted a “grossly exaggerated” fee itemization that included work for which he was not supposed to be paid.

A federal district judge had ordered that the lawyer be paid for the time that he spent locating and deposing a store human resources manager as a sanction for the store’s failure to disclose the name in discovery.  After questions arose about Justice’s legal billings, including seventeen items described as attorney time which were identical or nearly identical to invoices submitted by the lawyer’s paralegal, the judge declined to award fees to the lawyer..  In addition, other billings in the lawyer’s fee itemization were found to be for tasks that were “completely unrelated” to the issues in the dispute.

A Board of Professional Responsibility hearing panel had recommended a one-year suspension rather than a disbarment and the lawyer, and the Board of Professional Responsibility appealed.  The hearing panel’s Findings of Fact and Conclusions of Law are here:  https://docs.tbpr.org/justice-2254-hp-judgment.pdf.

A judge assigned to hear the case later modified the suspension recommendation to disbarment, stating that the lawyer’s “intentional deceit” and “total lack of remorse” required disbarment.

The lengthy Supreme Court opinion stated that the evidence “furnishes an eminently sound factual basis for the hearing panel’s decision” and the judge’s modification of the sanction to disbarment.  In a footnote, the opinion stated that some of the lawyer’s arguments were “too outlandish to dignify with discussion”, including the argument that the trial judge’s given name illustrates bias. The footnote states: “Not only is this argument without merit, it is absurd.”  The opinion disbarred the lawyer.

Bottom line:  According to the very lengthy opinion, this lawyer apparently decided to fabricate his time, make false statements, and then continue to argue and claim that the fee was appropriate throughout the proceedings.  He and his lawyers also made arguments that were “too outlandish to dignify with discussion.”

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 obtains emergency suspension of lawyer for “waging a personal and public war on social media”

Hello everyone and welcome to this Ethics Alert which will discuss the recent emergency suspension of a Florida lawyer for allegedly “waging a personal and public war on social media against attorneys representing clients” and “resort(ing) to terrorist legal tactics.”  The case is: The Florida Bar v. Ashley Ann Krapacs, Case No.: SC-277 Lower Tribunal No(s) 2018-50,829 (17I)FES; 2018-50,851(17I);2019-50,081(17I) and The Florida Bar’s Petition for Emergency Suspension is here: https://efactssc-public.flcourts.org/casedocuments/2019/277/2019-277_petition_72430_petition2dsuspension2028emergency29.pdf

According to the Petition, the lawyer “launched an attack of massive and continuous proportions” on social media and “(c)learly, respondent’s fury has no bounds.” The lawyer’s alleged “terrorist legal tactics” began after she moved to Florida and initiating a petition for a domestic violence injunction against a former boyfriend in Texas and lawyer Russell Williams represented the ex-boyfriend.  The lawyer dismissed the case; however, she then allegedly “began a social media blitz” on Facebook, Instagram, LinkedIn and YouTube.

The lawyer allegedly called  Williams an “old white male attorney” and a “bully attorney” who had threatened to file a motion for sanctions against her if she did not dismiss the case.  She also stated that “opposing counsel flat-out LIED” and the judge ‘didn’t bat an eye.’”.  She also allegedly used the hashtag #holymisogyny on social media when talking about the case and accused the judge of membership in the “Old Boys Club.”

The lawyer also allegedly continued the misconduct in a YouTube video posted after Williams hired lawyer Nisha Bacchus to represent him and filed a lawsuit against the lawyer for Libel, Slander, Malicious Prosecution and Injunctive Relief.  In the video, the lawyer allegedly called Williams “a moron and a sexist and a bully” and said Bacchus was “a backstabbing traitor” for representing “misogynist pigs, misogynist bullies.”  “Also, she’s a door lawyer. Which is basically a lawyer who takes anything that walks in the door in any area of law.  Because you can’t do every area of law and do them all well. You just can’t. Some people try and they end up like Nisha Bacchus who are so hard up that they’ll take anything, including shit like this. So I almost feel bad for her because he’s playing her. It is really obvious from the way that she presents herself that she’ll take anything if the price is right. Or even if it’s not.”  The lawyer also used hashtags #sellout and #womanhater for Bacchus.

The Petition states that the lawyer made multiple posts on Facebook “accusing The Florida Bar of being corruptly influenced by Nisha Bacchus. Bacchus requested a domestic violence injunction against the lawyer after she posted a Home Alone meme showing a shotgun pointed at an individual and added the caption “when opposing counsel tries to use the same exact trick you saw in your last case.”  According to the Petition, “(o)n February 1, 2019, Judge Moon granted an indefinite Final Judgment of Injunction for Protection Against Stalking against (the lawyer) as a result of her actions toward Nisha Bacchus”

The Florida Supreme Court granted the emergency petition in an Order dated February 27, 2019 with 2 of the court’s seven justices dissenting and stating that they would not grant it.  The February 27, 2019 Supreme Court Order suspending the lawyer on an emergency basis is here:  https://efactssc-public.flcourts.org/casedocuments/2019/277/2019-277_disposition_145483_d31i.pdf.  A referee will be appointed.

Bottom line:  This Petition is highly unusual and there may be a question as to whether such conduct constitutes “great public harm” under the Florida bar Rule.  It will certainly be interesting to see how this drama plays out.

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

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

New York lawyer suspended for lying to law firm about brief filings and drafting fake brief and e-mails to support false statements

Hello everyone and welcome to this Ethics Alert which will discuss the recent suspension of a New York law firm associate lawyer who lied about filing briefs and drafted a fake brief and created false e-mails to support his false statements.  The disciplinary opinion is: Matter of McCoobery, 2019 NY Slip Op 00843, Appellate Division, First Department (2/5/18).  The link to the opinion is here:  http://www.nycourts.gov/reporter/3dseries/2019/2019_00843.htm

According to the opinion, in one matter, a firm partner asked the lawyer to draft an appellate opposition brief.  The lawyer wrote and filed the brief without providing it to the partner for review and, when the partner asked to see a draft, the lawyer provided the filed brief to the partner and falsely stated that it was a draft. The partner made revisions to the brief and later discovered that the brief had already been filed.

In the other matter, the partner told the lawyer to send an appellate brief and the record on appeal to the law firm’s printing vendor and to instruct the vendor to serve and file the documents. The lawyer sent the brief and documents to the vendor, but failed to ask for service and filing.

The lawyer also falsely told the partner that he had given the instructions to the vendor and, to cover up the false statements, the lawyer falsely told the partner that he and the opposing counsel had stipulated to an extension for filing the brief.  The lawyer also fabricated an opposition brief and provided it to the partner and falsified e-mails to make it appear that he had received the brief from opposing counsel. As a result, the partner drafted a reply brief.

The opinion further states that the lawyer:

“falsely told the partner that the client’s appeal was calendared for this Court’s June 2017 term. On May 1, 2017, when this Court released its June 2017 calendar, the client’s appeal was not on it.  After noticing the appeal had not been calendared, the partner told respondent he was going to call opposing counsel to find out why the appeal had not been calendared.  Respondent then admitted to the partner that he failed to inform the printing vendor to serve and file the subject documents and admitted his deceptions. On May 2, 2017, respondent tendered his resignation from the firm.”

The lawyer stipulated to the facts and consented to a 3 month suspension.  The opinion stated that the lawyer’s misconduct occurred while he was dealing with his father’s terminal illness and death, he had no previous discipline in more than 20 years of practicing law, and no clients suffered “irreparable” harm.

Bottom line:  In this case, an associate lawyer at a law firm filed a brief without a partner’s review and lied about it, failed to insure that another brief was filed and lied about that, and then drafted a fake brief and falsified e-mails to cover up his misconduct.   Although the opinion states that there was no “irreparable” harm to any clients, I do not know how the failure to file a brief would not result in “irreparable” client harm.

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

Disbarred Georgia lawyer convicted of stealing client money and scheduled to enter prison allegedly killed his mother and fled

Hello everyone and welcome to this Ethics Alert which will discuss the recent voluntary disbarment of a Georgia lawyer convicted of stealing thousands of dollars of client money and schedule to enter prison, who allegedly stabbed his mother to death and fled the area.  The disciplinary case is: In the Matter of Richard v. Merritt, 302 Ga. 874 (1/29/18).  The link to the disbarment Order is here:  https://www.gasupreme.us/wp-content/uploads/2018/01/s18y0387.pdf

According to media reports, the Georgia lawyer was convicted of stealing thousands of dollars of client’s money and was sentenced to 15 years in prison and 15 years of probation after being convicted of stealing money from his clients and elder abuse. The lawyer was found guilty on more than 30 counts of theft, forgery and elder exploitation and given until the end of the day on February 1, 2019 to surrender and begin serving the sentence.

The lawyer had admitted to settling civil lawsuits on his clients’ behalf without their knowledge, forging signatures on settlement checks and documents, and keeping money intended for his clients.  As a condition of the sentencing, the lawyer was also ordered to pay $454,706.00 in restitution to clients.

The lawyer failed to surrender to enter prison on February 1, 2019 and, the day after the lawyer was required to surrender, his mother was found stabbed to death. Her car was also missing and the lawyer’s vehicle was found at the scene.  According to a statement by the U.S. Marshall’s Service: “The vehicle he may be driving is a 2009 silver Lexus RX350, bearing a Georgia tag CBV 6004.”  “He may have shaved his head or otherwise changed his appearance, and should be considered armed and dangerous. Do not try to engage him. If you see Merritt, please contact law enforcement immediately.”

According to the January 29, 2019 Georgia Supreme Court Order disbarring the lawyer after he filed a petition to voluntarily surrender his license, “(the lawyer) admits that in February 2017 he settled a client’s personal injury matter for $75,000, but failed to promptly disburse those funds to his client or her medical providers and failed to render a full accounting of the funds to his client. Merritt acknowledges that the above-described conduct violated Rule 1.15 (I) (c) of the Georgia Rules of Professional Conduct found in Bar Rule 4-102 (d). The maximum penalty for a single violation of Rule 1.15 (I) is disbarment.”

Bottom line:  This is quite a bizarre and unsettling case where a lawyer chose to steal thousands of dollars from his clients, was then convicted of the thefts and sentenced to 15 years in prison, and apparently killed his mother and has now fled at the time that he was scheduled to surrender and enter prison.

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

Illinois Bar Complaint alleges that former large firm lawyer inflated hours because of perceived billing expectations

Hello everyone and welcome to this Ethics Alert which will discuss the recent (January 11, 2019) Illinois Bar Complaint which alleges that an Illinois lawyer inflated his billable hours because of perceived expectations from his law firm.  The case is: In the Matter of Christopher Craig Anderson. No. 6304580 and the disciplinary Complaint is here: https://www.iardc.org/19PR0003CM.html

According to the Complaint filed by the Illinois Attorney Registration and Disciplinary Commission, the lawyer had worked as an associate at Kirkland & Ellis before leaving to join Neal, Gerber & Eisenberg, where he was promoted to nonequity partner. The lawyer started working for Kirkland & Ellis in 2011 and Neal Gerber in 2015 and both are large law firms.

According to the Complaint:

During his time at both firms, in an attempt to meet what he perceived to be the firms’ billing expectations, Respondent recorded time beyond what he had actually spent in handling client matters, knowing that the time he recorded would be billed to his clients and that they would be asked to pay fees based on the records he created. For the days that Respondent felt he had not recorded sufficient time on client matters, he increased the time he claimed to have spent on those matters based on a number of factors, including his assessment of the likelihood that the client would object to the time he recorded. As an example, if Respondent spent 0.3 hours on a client matter, he would record that he had actually spent 0.5 hours, or he would bill 2.1 hours for work that actually took him 1.7 hours to complete.

In August 2018, Respondent reported his conduct to one of the leaders of his practice group at Neal Gerber Eisenberg. The firm then conducted an inquiry into Respondent’s billing practices, at the conclusion of which it determined to offer a refund or credit to more than 100 clients who may have been affected by Respondent’s conduct. As a result, the firm offered to return funds that amounted to 20% of Respondent’s recorded time that was actually billed to and paid by the firm’s clients, which totaled more than $150,000. The Kirkland & Ellis firm, which also had not been aware of Respondent’s conduct at the time it was occurring, similarly determined to offer refunds or credits to clients affected by Respondent’s conduct.

A Kirkland & Ellis spokesperson provided a statement to the ABA Journal: “We recently learned that a former associate during the 2011-2015 timeframe may have rounded up his billable hours to certain clients.  We take these situations very seriously and are in the process of preparing refunds or credits for all potentially impacted time that was billed to any client.”

Bottom line:  This case is another unfortunate example of a lawyer inflating billable time to meet the expectations of his law firm(s), which are both considered to be large “BigLaw” firms; however, in this case, the lawyer self-reported his misconduct to his law firm and was terminated.

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

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