Gone Fishing

The Maine Grievance Commission has reprimanded an attorney who had stipulated to misconduct

On March 11, 2022, Zirschky had an encounter with a Maine Warden Service Officer during which Zirschky provided identification in the form of a Tennessee identification card and provided a Maine Resident Fishing License. The warden warned Zirschky for fishing without a valid license and fraudulently obtaining a license or permit. At the time of this activity, Zirschky listed his home address with the Board of Overseers in his annual registration as: Spring Hill, TN.

Bar Counsel initiated a sua sponte complaint because this information gave rise to the conclusion that Zirschky had fraudulently obtained a resident fishing license. In response to the sua sponte complaint, Zirschky stated that he had updated his office information with the Board but had overlooked updating his home address. He stated that he had moved back to Maine in September of 2021 and entered into a residential lease for property located on Lindsey Street, Rockland, Maine. He stated that he lived and operated his law practice at that address. As of his then most-recent annual registration Zirschky listed his address with the Board as Union, Maine.

Regarding the fishing license application, Zirschky stated that he selected the resident option because he intended to stay in Maine and had a “reasonable, good faith belief’that he was a resident, and that he “failed to see the very, very small link on the application website that leads to a separate webpage detailing the requirements for being considered a ‘resident’ for purposes of obtaining a fishing license.” Zirschky stated that after he received the sua sponte complaint he obtained a valid Maine driver’s license and a resident fishing license.

Bar Counsel sought documents from him

The information submitted by Zirschky raised additional questions, including the actual state of his Maine driver’s license and whether he had pending charges. The information submitted by Zirschky also showed Zirschky’s address to be in Westbrook, an address location that had not appeared in the Maine Warden Service report, the fishing license application or Zirschky’s annual registration with the Board of Overseers. The information submitted by Zirschky also indicated that he may have been required to provide information to Bar Counsel, pursuant to M. Bar R. 23, and had failed to do so.

The information submitted by Zirschky also showed that his Maine driving privileges were suspended on March 11,2022, the date of his encounter with the Maine Warden Service. The Maine Warden Service Officer’s report does not reflect that Zirschky explained to the officer that his Maine driver’s license was under suspension and shows that Zirschky, instead, presented a Tennessee identification card.

Subsequent investigation revealed a failure to report a Tennessee OUI conviction.

Conclusion

In sum, the evidence of misconduct supports the reviewing Panel’s findings, and Attorney Zirschky agrees that he did in fact violate Maine Bar Rule 23(a), and the Maine Rules of Professional Conduct, Rules 8.4(c), 8.1(b), and 8.4 (a), (d), and the Panel so finds. The purpose of bar disciplinary proceedings is not punishment, but rather the protection of the public from attorneys who, by their conduct, have demonstrated that they are unable to properly discharge their professional duties. Since the evidence supports a finding, and Attorney Zirschky agrees, that he did in fact violate the Maine Rules of Professional Conduct, the Panel has analyzed the proper sanction factors warranted underM. Bar R. 21.

The attorney must also complete three hours of continuing legal education in ethics within six months. (Mike Frisch)