The Greeting Card

November 9, 2016

The Louisiana Supreme Court has disbarred an attorney for misconduct in her own divorce and her commission of other crimes

By way of background, respondent and David Molaison were married and had one child together. In May 2011, David filed a petition for divorce. Subsequent to the filing of the petition, but prior to the entry of a judgment of divorce, respondent entered into a sexual relationship with Bryan Pfleeger. In response to David’s discovery requests, respondent admitted to her adulterous relationship. Respondent provided copies of e-mails between her and Mr. Pfleeger, and a greeting card purportedly from Mr. Pfleeger as documentary proof of the relationship. Respondent signed a sworn affidavit attesting to the truthfulness of her responses to the discovery requests.

In July 2011, David filed a supplemental petition for divorce based on respondent’s adultery. The e-mails and greeting card were presented to the court as support for obtaining a divorce based on adultery.

The matter went to trial in August 2011. Respondent testified under oath that she committed adultery with Mr. Pfleeger. She also testified to the authenticity of both her e-mails to and from Mr. Pfleeger and to the greeting card she allegedly received from Mr. Pfleeger. All documents were admitted into evidence and the divorce was granted based on adultery.

The ODC has since confirmed respondent’s post-filing adultery with Mr. Pfleeger, and has authenticated the e-mails between respondent and Mr. Pfleeger regarding same. However, the greeting card that respondent attributed to Mr. Pfleeger and that she submitted to the opposing party and to counsel during discovery was found to be fabricated by respondent without Mr. Pfleeger’s knowledge or consent. Respondent allowed this false evidence to be submitted to the court during the underlying proceedings.

In September 2011, respondent e-mailed David and claimed her testimony regarding adultery with Mr. Pfleeger was false. Respondent confirmed to David that the greeting card attributed to Mr. Pfleeger was also false. In November 2011.

David informed his lawyer, Barbara Ziv, of respondent’s claim of false testimony and of the fake greeting card.

In December 2011, Ms. Ziv informed Mr. Pfleeger of respondent’s recent statements to David. Mr. Pfleeger confirmed his adulterous relationship with respondent and confirmed the authenticity of his e-mails to and from respondent; however, Mr. Pfleeger denied any involvement with the greeting card in question. Ms. Ziv then informed Mr. Pfleeger that, under the circumstances, she was obligated to file a disciplinary complaint against respondent.

During this time, respondent and David were litigating custody issues. Mr. Pfleeger informed respondent that Ms. Ziv planned to file a disciplinary complaint against her. In response, respondent instructed Mr. Pfleeger to inform Ms. Ziv that she would concede custody of the minor child to David if Ms. Ziv refrained from filing the complaint. Mr. Pfleeger, who is an attorney, was not representing respondent in the domestic litigation and was hesitant to relay this message to Ms. Ziv, but ultimately did so at respondent’s request. Ms. Ziv rejected this “offer” and filed the complaint against respondent.

In March 2012, respondent responded to the complaint filed against her by Ms. Ziv. In doing so, respondent made the following statements to the ODC:

Ms. Ziv tailored her discovery in order that a quick adultery divorce might be obtained. In these responses, I falsely claimed to have had an affair with a friend of long duration. A card was created as corroborating evidence in order to obtain the divorce quickly. This was a mistake that I do regret …

The shoplifting

In June 2005 in Honolulu, Hawaii, respondent shoplifted merchandise from Macy’s valued in excess of $300. Respondent was charged with second degree theft, pleaded no contest to the charge, and moved to defer acceptance of the plea. In September 2008, an order was signed granting respondent’s motion. During the five-year period of deferral, respondent was placed on supervised probation with specific conditions, which she completed.

The court

The evidence in the record supports a finding that respondent presented fabricated evidence to a tribunal in her own divorce proceeding, shoplifted merchandise valued in excess of $300, was arrested for multiple traffic violations including DWI, and was charged with possession of cocaine. This conduct amounts to a violation of the Rules of Professional Conduct as charged in both sets of formal charges…

Considering the totality of the misconduct in light of the aforementioned jurisprudence, we will adopt the board’s recommendation and disbar respondent.