From Husband To Wife

The New York Appellate Division for the Second Judicial Department imposed a reciprocal public censure for violation of the duty to former client rule in an Oregon matter

The respondent was admitted to the Oregon Bar on November 5, 1991, and maintains his law office and place of business in Oregon. On or about October 14, 2021, the respondent entered into a Stipulation for Discipline with the Oregon State Bar Disciplinary Counsel’s Office “freely, voluntarily, and with the opportunity to seek advice from counsel,” stating the following: In 2011 and 2012, the respondent represented Nels Johnson (hereinafter Nels) to obtain a modification of child support payable to his first wife, Julie Ann Johnson (hereinafter Julie). Nels disclosed financial information to the respondent that may not have been known to his then-wife, Ginette Johnson (hereinafter Ginette). In May 2019, Nels filed a pro se application for dissolution of his marriage to Ginette. The respondent undertook to represent Ginette in the dissolution matter, and did not obtain informed consent from Nels or Ginette for the representation. The court ultimately ordered the removal of the respondent from representingGinette in the dissolution matter.

The respondent stipulated that by representing Ginette in the dissolution matter, he violated Oregon RPC 1.9(a) and that public reprimand was appropriate based on the ABA Standards and Oregon case law.

Respondent objected to reciprocal discipline

In his letter and “declaration” dated November 29, 2022, the respondent admits that Oregon’s version of RPC 1.9(a) appears to be the same as the New York version, but since the misconduct has no connection with New York, he asserts the defense that his Oregon misconduct does not constitute misconduct in New York. The respondent admits that the facts set forth in the stipulation are “more or less correct and complete,” except that it fails to mention that he acted in good faith.

(Mike Frisch)