Sex And CLE

A Justice of the Maine Supreme Judicial Court has found misconduct in two of three charged instances and directed that a hearing on sanctions be held.

One of the instances involved a complaint by a former staff member who alleged that she had done the viewings of some of Respondent’s online CLE obligations.

While Respondent had denied the misconduct, there were text messages

I finished your webinar training for you.

Reply

Awesome. 3 more to go.

Finding

The court does not believe that the plan was for May to engages in the online CLEs, and download them for Brown to watch later. Instead, with the CLE deadline barreling down, the court finds that  Brown commissioned May to take at least three of his “live” CLE courses.

Misconduct was also found in his representing a client in a divorce where he was in a pre-existing sexual relationship.

While the sexual relationship did not create a per se violation, here it amounted to a conflict of interest

By March 2020, however, there is no question there was a substantial risk of developing a conflict. The divorce was increasingly contentious. A divorce that turns contentious at risk of harming the client. Having one party’s new boyfriend acting as an attorney in the case presents the substantial threat of aggravating the litigation.

Respondent eventually withdrew after the issue surfaced. (Mike Frisch)