Dueling Emails Reference Dueling Banjos

An Arizona attorney was placed on probation and admonished for his communications with a prospective client for whom he had performed services but not been compensated.

After sending an invoice that was not paid

Complainant and [attorney] Mr. Wilenchik “…exchanged dueling emails that grew increasingly insulting and off–color…” when Complaint emailed, “I told jerry I would take care of you. Now you can f—k off!” This resulted in Mr. Wilenchik stating he didn’t “…want his d—n money anyway…” Complainant replied, “Bring it b—h!” As conditionally admitted in the agreement, the emails spiraled downward.

Part of that “downward spiral” was in the response to the “bring it” comment:

OK drug dealer – I look forward to the many nights and mornings when you think of my name and squeal – you mean nothing to me. Check out the movie Deliverance.

The complainant owns a medical marijuana consulting business.

The conditional admission concedes a violation of Rule 41(g), which, among other things, obligates attorneys to avoid engaging in unprofessional conduct. 

Note that the violation is of a Supreme Court rule rather than a Rule of Professional Conduct.

Practice pointer: Don’t give into the natural impulse to hit the “send” button. (Mike Frisch)