A Secret Revealed

The Idaho Supreme Court has ordered a three-year suspension, with two years withheld, retroactive to the date the Respondent attorney ceased the practice of law.

The attorney engaged in a conflict of interest by engaging in sexual relations with the wife of a criminal client on one occasion.

As [client] J.H. awaited sentencing, Mr. Shinault also exchanged explicit and personal text messages with J. H.’s wife and suggested in those messages that [she] keep their relationship secret from [him].

He withdrew from the representation when the wife told the client about the relationship. He did not consult with the client about the conflict or the motion to withdraw.

Motion granted.

On reinstatement after the one year suspension, he will be on probation for two years with conditions.

The stayed two years will be imposed if he violates probation or is found to have violated the Rules of Professional Conduct “for which a public sanction is imposed for conduct that occured during the probationary period.”  (Mike Frisch)