Side Switch Reciprocal Suspension

Reciprocal discipline has been imposed – consisting of a one-year suspension – has been imposed by the New York Appellate Division for the First Judicial Department based on a Pennsylvania sanction. 

The nature of respondent’s acknowledged misconduct is set forth in a joint petition filed with the Supreme Court of Pennsylvania on or about April 6, 2018 by the Pennsylvania Office of Disciplinary Counsel (ODC) and respondent. Charge 1 of the joint petition alleged conflict of interest and breach of confidentiality based upon respondent’s 2013 representation of a Swarthmore College student advocate who had been sexually assaulted on campus and his 2015 representation of a male Swarthmore student who had been accused of committing sexual assault. Specifically, in April 2013, the student advocate retained respondent to assist in the drafting of a complaint to be filed on behalf of 12 other Swarthmore students concerning the manner in which Swarthmore College handled student complaints of sexual assault. Among the 12 student complainants was Jane Doe, who alleged that she had been assaulted in 2011 by Juan Doe, a male Swarthmore student. In June 2013, the student advocate terminated respondent’s representation.

In March 2015, respondent filed a complaint on behalf of Juan Doe in the United States District Court for the Eastern District of Pennsylvania. That complaint alleged that Swarthmore College discriminated against Juan Doe by crediting Jane Doe’s allegation that Juan Doe sexually assaulted her in 2011 and referred to information that respondent had gathered in the course of his 2013 representation of the student advocate. The complaint was filed without respondent’s having secured the student advocate’s informed consent to his representation of Juan Doe or to respondent’s revealing information that he had obtained in the course of his 2013 representation.

In February 2017, a United States District Judge granted Swarthmore College’s motion to disqualify respondent from representing Juan Doe on the grounds that respondent was taking a position adverse to the interests of his former client, the student advocate, and was revealing confidential client information without her consent.

(Mike Frisch)