The Lobby

The Massachusetts Board of Bar Overseers imposed an agreed public reprimand of an attorney who sought to withdraw from a divorce case

On August 1, 2020, the respondent sent an email to the client asking her to provide, within 48 hours, a list of specific exhibits the client wanted to use at the upcoming trial. The respondent also asked the client to organize the exhibits for the court and opposing counsel, make multiple copies of the documents, tab the documents and place them in binders by August 7, 2020. In order to do so, the respondent told the client she would drop off boxes containing the client’s file to the client at her apartment and if the client was not at home, that the documents would be left with the doorman. The client responded that the documents were not safe with her because her husband had access to the apartment and that she did not have knowledge and experience to prepare the exhibit books which, she expressed, should be prepared by the respondent as her lawyer.

On August 4, 2020, the respondent dropped off three boxes of documents in the lobby of the client’s apartment building. The doorman refused to accept the documents and they were left by the respondent on a table in the lobby of the building. The boxes of documents included confidential information contained therein. On August 4, 2020, the respondent filed a motion for reconsideration of her motion to withdraw as counsel. In the supporting affidavit filed by the respondent along with the motion, the respondent revealed confidential information relating to her representation of the client. The client did not consent to the disclosure.

Withdrawal was granted.

Violations

The respondent’s failure to prepare for trial, including her failure to prepare the exhibit books required for trial in August of 2020, violated Mass. R. Prof. C. 1.1, 1.2(a) and (c), and 1.3. The respondent’s filing of a motion to withdraw and supporting affidavit that disclosed confidential information obtained in the representation of her client without her client’s consent or authorization violated Mass. R. Prof. C. 1.6(a). The respondent’s conduct in leaving the client’s file in the lobby of the client’s apartment and failure to make reasonable efforts to prevent unauthorized access to confidential information contained therein violated Mass. R. Prof. C. 1.6(c).

(Mike Frisch)