The Overheard F Bombs
An agreed public reprimand without terms was approved by a subcommittee of the Virginia State Bar Disciplinary Board.
The respondent is an assistant commonwealth attorney and a taping system for jailhouse calls led to the issue
Calls from the Detention Center are monitored and recorded by Globel Tel-Link. In order for the calls to be tagged as protected attorney client calls, the attorney must register his phone number so that it will be identified by the system and the call will not be recorded.
[Defense counsel] Cilman did not properly register his phone number and four calls from his client were recorded. The calls took place on November 27 and 28, 2017, and December 1 and 4, 2017.
When a call was initiated, a preamble played that stated, “This call is from a corrections facility and is subject to monitoring and recording.” On three of the caIIs, upon hearing the preamble, Cilman stated that he was an attorney. On the November 28, 2017 call, he stated, “ok, F— Globel Tel-Link, attorney/ client, stop recording.” On the December 1, 2017 call he stated, “If they’re listening they can go F— themselves.” On the December 4, 2017 call, he stated, “F— you Global Tel-link, F— you Prince William County jail, F– – you Prince William County, Shithead _get off the line this is attorney client.”
On December 5, 2017,·in anticipation of the client’s bond hearing, Respondent requested the client’s call log. On at least one call, Respondent heard Cilman’s statement and recognized his voice. Knowing that he was an attorney, she listened to the call.
Respondent consulted with Chief Deputy Commonwealth Attorney Rick Conway and other colleagues. They concluded that listening to the call was appropriate since Cilman did not register with Global Tel-Link properly and thus, had no expectation of privacy and waived attorney client privilege.
She advised the court in response to questions that she had listened to the calls.
The admitted violation
In representing a client, a lawyer shall not use means that have no purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.
(Mike Frisch)