Saturday, February 20, 2010

Interesting story of romance, conflicts of interest and dishonesty

The Legal Profession blog is reporting today an interesting story.

The story starts with an attorney who began to date a guy she had met at the gym. Unfortunately, the attorney did not know that her firm was representing the guy's wife in a divorce action. (I wonder if it ever came up in conversation that he was still married (and that he had two minor children)...?).

When she learned of the firm's involvement in the divorce case, she disclosed the relationship to the partner handling the case and offered to be screened from the representation. The partner told her to either end the relationship or leave the firm.

The attorney agreed to cease dating the firm's client's husband and stayed with the firm. The partner advised the client of the situation (assuring the client that the relationship was over) and, after consulting other counsel, the client agreed to continue with the firm as counsel.

However, the attorney and the husband resumed the relationship. The firm fired the attorney and the Professional Responsibility Board imposed a six month suspension for her dishonest conduct in attempting to keep the relationship secret from the firm. The panel stated the attorney did not seem to understand the issue of the case and that she did not understand nor acknowledge the wrongful nature of her conduct. Go here for a copy of the opinion.

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