Troubled Waters

An Iowa attorney recently was reprimanded by the Attorney Disciplinary Board for failing in his duties as local counsel for an Illinois lawyer

The Court first notes the clear inference that agreeing to be an Iowa co counsel with Paul Caghan was worrisome. Thorson was well aware of the troubled waters navigated by Caghan. As such, he should reasonably have had a clear understanding as to Caghan’s duty to adhere to lowa’s standards of ethical practice and to submit to Thorson’s directives regarding same. Because Caghan has a proven track record of frivolous filing, it is a sanctionable dereliction of the duty of an “in-state attorney” to simply step aside and allow an “out-of-state” attorney to needlessly exacerbate the costs of litigation through frivolous and false filings.

Thorson knew, or should have known, Caghan would not willingly abide by Iowa’s rules because he has a history of frivolous filings and has been previously sanctioned for such conduct. It does not appear Thorson entered into a carefully executed written agreement with Caghan in which Thorson would exercise his ethical duty to fully supervise Caghan’s conduct in Iowa. Rather, is appears Thorson essentially stepped aside, once the petition had been filed and with a few pretrial motions were dealt with/ and let Caghan conduct himself at will. Thorson’s written communications with or directed to Caghan often were not answered. However/ Thorson took limited steps to supervise Caghan or, finding that Caghan was out of control and unwilling to be supervised by his Iowa attorney, Thorson did nothing to withdraw his pro hac vice request for admission of Caghan. Nor did Thorson take reasonable steps to involve the Court to restrain Caghan’s unethical conduct.

In mitigation, the Board  found his “wrongful conduct is more that of omission than commission” and noted his 41 years of discipline-free practice.

Try this link. (Mike Frisch)