Phone Conversation Created Attorney-Client Relationship

The New York Appellate Division for the Third Judicial Department imposed a stayed one-year suspension of an attorney for misconduct in two matters.

In a criminal case, the attorney had a telephone conversation with the girlfriend of his client in a criminal matter. The conversation established an attorney-client relationship with the girlfriend, who had her own criminal exposure. He then used confidential information she had given him to cross-examine her. The conduct violated conflicts of interest rules.

In the second matter, he failed to have a required written retainer agreement with a matrimonial client. (Mike Frisch)