“Wear Something Low Cut”
A Louisiana Hearing Committee recommends a six-month suspension and mental health evaluation of an attorney for unauthorized communication that included vulgarities
The allegations came from a represented opposing party
During the process of the litigation, Respondent contacted Complainant multiple times without the authorization of Complainant’s attorney. The various contacts were via social media and electronic mail. Respondent also contacted Complainant via telephone. Complainant attached copies of the contact to the formal complaint.
The copies of the email messages reflect that Respondent was attempting to discuss the instant legal matter with Complainant. In a message dated October 1, 2019, Respondent advised Complainant that his client sought a “usaf*ck.” [FN1. A vulgar spelling of a La.C.C.P. Article 890 usufruct.] In a message dated October 31, 2019, Respondent made comments to Complainant about the trial. In another message, Respondent requested that Complainant “wear something low cut.” Also attached were messages from the Facebook social media website. In a Facebook message dated September 1, 2019, Respondent acknowledged that he was aware that Complainant was represented by counsel, precluding a claim that he did not know if Complainant was represented by an attorney. [FN2. Respondent maintained that he held “reasonable belief” that Complainant was unrepresented by counsel.] Respondent also sent Complainant a Facebook “friend request,” a copy of which was attached to the complaint.
Respondent, in his written response to the complaint, refuted Complainant’s allegations by suggesting that he had contacted her during time periods when he believed that she was unrepresented by counsel. However, in one of his messages, Respondent stated that he knew Complainant had an attorney. Respondent admitted having sent one of the email messages dated October 31, 2019. Respondent acknowledged that he sent the email requesting that Complainant “wear something low cut.” Respondent also conceded that he sent the Facebook friend request to Complainant in an effort to find “provocative” material that he could then use to his advantage in the civil litigation.
From the evidence
The email messages included a vulgar misspelling of the word “usufruct” and suggested that she “wear something low cut” when the Respondent requested that Ms. Bowers assist his client. Ms. Bowers testified that the request “made [her] feel like a piece of trash . . . because when somebody says this kind of stuff to a female, that you know, wear a low cut shirt, you’re insinuating something sexual.” She also observed that she had “to deal with this [her] whole life” and is not “something that feels good.”
Recommendation
Based on the testimony presented and documentary evidence admitted, the Committee finds the Respondent’s actions violated Rules 4.2 (unauthorized communication with a person represented by counsel) and 8.1(a) (knowingly making a false statement of material fact in connection with a disciplinary matter) and recommends that David Band, Jr. be suspended for a period of six months.
In addition, although the record contains no evidence that Respondent is mentally ill, in our view, because his apparent inability to understand or accept the fact that his belief that his client was “wronged” by the Complainant did not justify or excuse his actions indicates a potential lack of mental clarity sufficient to practice law, the Committee also recommends that (1) within thirty days of the final ruling in this matter, the Respondent, at his cost, shall submit to an
examination by a licensed mental health care professional, selected or approved by the ODC, to determine his mental competence to continue to practice law; and (2) that the Respondent shall advise the ODC of the results of the examination within five days of receiving the results and shall provide his medical records to the ODC upon its request. The ODC is requested to take any further action that it deems suitable following receipt of the examination results.
(Mike Frisch)