An Overshare Draws A Public Censure

A public censure has been imposed by the Wyoming Supreme Court for lack of diligence in a divorce matter and disclosures of confidential information made in a motion to withdraw from a criminal case involving the same client.

The attorney had voluntarily refunded the divorce fee and was representing the client pro bono in the criminal matter.

The motion to withdraw stated that the client “suffers from extreme mental health problems and memory loss exacerbated by her age and drinking problem.”

The motion further detailed actions that counsel considered “repugnant” and cited as an example the client’s “constant calls to the District Attorney’s Office to harass [the District Attorney] so she can call her expletives. Another such example includes calls and texts to undersigned counsel in the middle of the night  when Defendant appears to be under the influence.”

The Board of Professional Responsibility noted a number of significant mitigating factors including timely good faith efforts to make restitution and rectify the consequences, absence of prior discipline, full cooperation and remorse. (Mike Frisch)