Practice Pointer: Termination Means Stop Filing Pleadings

The Idaho Supreme Court has imposed disbarment of an attorney after a hearing in which the attorney had admitted some of the charges and contested other allegations.

From the summary on the web page of the Idaho State Bar

Count One related to Mr. Robinson’s representation of an 18-year-old charged with felony lewd conduct with a child under 16 years of age. Mr. Robinson admitted that he violated I.R.P.C. 1.2(a) [Scope of Representation] and I.R.P.C. 1.4 [Communication], and the Hearing Committee concluded that the ISB proved by clearing and convincing evidence that Mr. Robinson violated I.R.P.C. 1.1 [Competence], I.R.P.C. 1.6(a) [Confidentiality], I.R.P.C. 1.16(a)(3) [Representation Following Discharge], I.R.P.C. 1.16(d) [Failing to Return Papers and Property to Client Following Termination], I.R.P.C. 3.1 [Meritorious Claims and Contentions], I.R.P.C. 3.3 [Candor Toward the Tribunal], I.R.P.C. 4.4 [Respect for Rights of Third Persons] and I.R.P.C. 8.4 [Conduct Prejudicial to the Administration of Justice].

Those rules violations were based primarily on pleadings Mr. Robinson filed in his client’s criminal case. In that case, Mr. Robinson filed pleadings, after his representation was terminated by his client, containing untrue statements that were prejudicial to his client and the client’s family. Substitute counsel filed motions to strike those pleadings and requested the court seal those pleadings to prevent public disclosure of private, untrue facts which could unduly prejudice the case and the rights of a victim in another criminal case. The court agreed and struck those pleadings from the record and sealed them from public disclosure. The court’s order provided that it appeared at the time the pleadings were filed, Mr. Robinson had already been discharged by his client, the pleadings were filed without client authority and based upon facts which were untrue, or, unverified, irrelevant and beyond the scope of any relevant issue before the court. The Hearing Committee concluded that the timing of those pleadings indicated that Mr. Robinson’s primary purpose was to harass his client and the client’s family for terminating his representation and that he provided no justification or reasonable explanation for filing those documents.

In a civil matter

The Hearing Committee concluded that Respondent continued to act on behalf of his clients after they had terminated his representation and repeatedly requested that he cease communications with opposing counsel on their behalf, and that he disclosed confidential information to opposing counsel that was detrimental to the clients’ case. The Hearing Committee concluded that Mr. Robinson communicated threats to one client that he had information that could affect the client’s real estate license and continued to seek money from his former clients after they settled the case with the City. The Hearing Committee concluded that Mr. Robinson actively campaigned against his clients’ interests in communicating with opposing counsel, which had the potential to severely damage their case.

Boise Weekly reported a story from the McCall Star-News that he was serving as Adams County prosecutor when bar charges were filed. (Mike Frisch)