Attorney Withdraws From Representation And Then Commits Domestic Violence Against Client
A married attorney who engaged in sexual relations with a divorce client which led to worse ethical violations has been suspended for two years by the Oklahoma Supreme Court.
Notably, the parties below had agreed to a public reprimand with probation, which the Professional Responsibility Tribunal in turn recommended to the court.
The court rejected the proposal
As incidents of domestic and intimate partner abuse rise and become the focus of legislation, see 21 O.S.2011, § 644(C), and public attention,13 it becomes more incumbent on this Court to protect the public by sending a message to other lawyers that this misconduct is considered a serious breach of a lawyer’s ethical duty and will not be tolerated. The trial judge thought it necessary to keep Respondent in the criminal system for a full two years for the safety of the public. Consistent with the trial judge’s logic, anything less than a two-year suspension from the practice of law does not protect the public, nor would anything less than a two-year suspension protect the integrity of the judicial system and the reputation of the bar.
The attorney withdrew from the representation shortly after the dating relationship began.
As the court found
On November 9, 2009, J.D. retained Respondent as her attorney in her divorce proceeding. On October 3, 2010, J.D. and Respondent began a sexual dating relationship although both were married and Respondent was still representing J.D. On November 3, 2010, Respondent filed an application to withdraw as J.D.’s attorney; the application was granted on November 4, 2010. The couple dated off and on until November 4, 2011.
The following undisputed testimony was presented at the trial in State v. Zannotti, No. CM-2012-3988 (D.Ct. Tulsa County Jan. 28, 2013). On or before October 26, 2011, while J.D. was away on a business trip and then on her way home, Respondent sent J.D. text messages which show that Respondent was in a needy, jealous state of mind; and J.D. responded to several, but not all, of the text messages.3 J.D. and Respondent agreed to meet at her house because Respondent was “wanting to get back together.” Respondent let himself into J.D.’s house through an unlocked back door as she had instructed him. When J.D. arrived home and to her surprise, her garage door was open with Respondent’s car parked inside. Even though they were not dating at the time, Respondent opened J.D.’s car door and kissed her. Then Respondent reached inside the car, grabbed her phone, smashed it in the driveway, and said, “You don’t need this. You just need to pay attention to me.”
J.D. and Respondent went into the kitchen where an argument began. When Respondent went into the backyard, J.D. got in her car and attempted to leave. Respondent came into the garage, pulled the keys out of the car, and pulled J.D. out of the car and into the kitchen. After J.D. saw Respondent’s phone on the counter, she encouraged Respondent to smash his phone like he had smashed her phone. When Respondent went outside with his phone, J.D. grabbed a cordless phone and ran upstairs to the bathroom.
Respondent came up the stairs and into the bathroom, pulled J.D. into the bedroom, and pushed her onto the bed. J.D. started screaming for Respondent to leave which upset him even more. Respondent then lifted J.D. up by her shoulders, threw her into the bedroom wall and head-butted her in the face, causing a gash across her nose and giving her two black eyes.
J.D. convinced Respondent to let her go downstairs to get some ice for her nose, and Respondent followed her into the kitchen. Respondent pushed J.D. back upstairs where he ordered her to undress and where he undressed.4 Respondent ordered J.D. to lie down on the bed, got atop her, and put his hands around her neck tightly several times. During this time, Respondent asked her if she loved him and would marry him. In an attempt to pacify Respondent, J.D. replied, “Yes.” Respondent also asked J.D. for the last name of her male friend and said that he was going to kill him. Finally, Respondent began to calm down, and J.D. was able to kick him off the bed. Respondent stood up and asked J.D. if she wanted him to leave. She grabbed her dress, put it back on, and answered, “yeah.” While Respondent was dressing, J.D. ran down the stairs, ran out the front door to a neighbor’s house, and called 911.
The attorney pleaded no contest to charges of domestic violence and destruction of property. (Mike Frisch)