Intemperate Email Draws Sanction

An intemperate communication to an unrepresented alleged domestic violence victim drew a public reprimand without terms (i. e. a slap on the wrist) from the First District Subcommittee of the Virginia State Bar for violation of Rules 3.4 (fairness to opposing party) and 4.3 (dealing with unrepresented person). 

On July 12; 2017, Mr. Polk was arrested on charges of felony strangulation of Complainant and misdemeanor assault and battery on Complainant. The incident occurred on July 11, 2017. Thereafter, a preliminary protective order was entered prohibiting Mr. Polk from having contact with Complainant.

While that protective order was set aside, a military protective order was in place when

While the Chesapeake JDR protective order had been dissolved a military protective order was still in place. On August 6, 2017, Mr. Polk showed up at Complainant’s residence with some friends and used a hammer to break glass near the door to gain entry into the residence. Complainant called the police.

There was a hearing set when the misconduct took place

The day before a hearing on the second protective order, Respondent wrote the following to Complainant:

You have really messed up now. You set up Marvin and got him locked up. I tried to be civil, because I thought you were sincere. But now, I will pull out all the stops to go after you ~ both civilly and criminally.

Even the Commonwealth’s Attorney knows you ‘re a liar. This time you went too far. You created fake email accounts; you hacked into Marvin ‘s accounts, and you falsified charges against him.

You maligned him and you prosecuted him maliciously. For your callous acts, you will pay a hefty price with money and your freedom.

You will regret the day you ever hatched your evil plot to destroy your husband and his career; I’m sorry it had to come to this. But, I’ll see you in court.

Additionally

Respondent asserts that the message to the Complainant had nothing to do with the strangulation charge or the domestic assault and battery charge. He asserts that he wrote the message only after Mr. Polk was arrested on a violation of his bond.

Respondent has stated that he recognizes he was acting in a reactionary manner and he recognizes that he should not have acted in haste, as he did when he sent the above email to Complainant.

Think twice before you hit “send” while angry. (Mike Frisch)