Case Summaries: Attorneys
Exonerated Attorney Sued
A West Virginia attorney who reported well-documented abuse of wife to husband's military commander, causing the husband to lose his high security clearance position at the White House, was exonerated of wrongdoing by the state supreme court. Scales v. Committee on Legal Ethics, 446 S.E.2d 729 (W.Va. 1994). However, the attorney was subsequently named along with her client in a $5 million lawsuit filed by the husband in the U.S. District Court for the District of Columbia.
Keywords: attorney misconduct, ethics
Date: 4/23/2002
Attorney Misconduct Alleged
A Youngstown police officer is seeking misdemeanor charges of menacing and obstructing official business against defense attorney Lawrence Seidita. Officer Rebecca Heckel says the lawyer approached her and the victim in a court hallway and told the woman she had better drop the charges against her husband or Seidita would see to it she lost custody of her children, and that he would make her life so miserable it would make her "blow her f----- brains out." Seidita then reportedly told the officer, Stay the f---- out of my business or I'll get you, too. The city prosecutor said he is considering a disorderly conduct charge, and advised the victim that she could vile an ethical complaint against the lawyer. Youngstown Vindicator, 1/30/99.
Keywords: intimidation
Date: 4/23/2002
Lawyers Disciplined For Committing DV
The New Jersey Supreme Court disciplined two lawyers for domestic violence assault convictions, and warned members of the bar that their law licenses will "ordinarily" be suspended if they commit acts of domestic violence. In re Principato, 655 A.2d 920 (N.J. 1995); In re Magid, 655 A.2d 916 (N.J. 1995) (reflects on fitness to practice law). The Iowa Supreme Court suspended an attorney for three months for assaulting (for two hours) a client with whom he was romantically involved. Committee on Professional Ethics and Conduct of the Iowa State Bar Association v. Patterson, 369 N.W.2d 798 (Iowa 1985) (moral turpitude). An Indiana attorney was disbarred after he forced entry into his former wife's residence, struck her with a club, and held her at gunpoint with a machine gun. In re Runyon, 491 N.E.2d 189 (Ind. 1986) (involved moral turpitude, and reflected poorly on the attorney's fitness to practice law). An Indiana lawyer and part-time prosecutor was suspended from practice for six months following a conviction for assaulting his female companion and her daughter. The court noted that as a part-time practitioner. his effectiveness with his clients or with adversaries in situations involving domestic violence was compromised due to his own contribution to the societal problem of domestic violence. In re Walker, 597 N.E.2d 1271 (Ind. 1992) (fitness to practice law, conduct prejudicial to the administration of justice). The Colorado Supreme Court held that an attorney should be suspended for three months after being convicted for assaulting his girlfriend. People v. Wallace, 837 P.2d 1223 (Colo. 1992) (fitness to practice law). The same court suspended another lawyer for six months for physically abusing his wife. People v. Knight, 883 P.2d 1055 (Colo. 1994) (fitness to practice law). The California Supreme court disbarred an attorney who was convicted of voluntary manslaughter for the shooting death of his wife. In re Nevill, 704 P.2d 1332 (Cal. 1985) moral turpitude. In Illinois lawyers have been sanctioned and sued in tort for domestic violence. Chicago Daily Law Bulletin, 10/1/98. See Geraghty Bruising the Legal Profession: Attorney Discipline for Acts of Domestic Violence, 28 Rutgers L.J. 451 (1997).
Keywords: attorney misconduct, discipline
Date: 4/23/2002
Attorneys Disciplined For Attempting To Help Victim Change Her Story
Ohio attorneys who suggested to a domestic violence complainant that she change the story she had told to police at the crime scene, and tell the court that she was the instigator of the altercation with the defendant, even though that story had no basis in fact, were charged criminally with obstruction of justice, and also disciplined by the Ohio Supreme Court. The complainant had reconciled with the defendant, and met with defendant's attorney to discuss how to get the criminal charges against the defendant dropped. The supreme court issued against attorney Loren S. Haas a two-year suspension from the practice of law, and against attorney Timothy J. Deardorff a one-year suspension, with half of each penalty suspended. The supreme court also criticized the attorneys for attempting to represent both the defendant and the principal witness against the defendant in the domestic violence case. Cincinnati Bar Assn v. Deardorff (1998), 84 Ohio St.3d 85.
Keywords: attorney misconduct, defense attorney, conflict of interest, ethics, intimidation, discipline
Date: 4/17/2002
