If Looks Could Kill

A reprimand by consent with 18 months probation has been approved by the Arizona Presiding Disciplinary Judge

The Agreement describes in detail the underlying misconduct, which is not repeated herein. Generally speaking, Mr. O’Brien pursued an intimate relationship with a subordinate employee at his law firm and engaged in inappropriate communications with her, even after she advised that he was making her uncomfortable. After his firm learned of the conduct, he was terminated.

Sanction factors

The parties stipulate to the existence of two aggravating factors: selfish motive and vulnerability of victim. They agree that five mitigating factors apply: absence of a prior disciplinary record; full and free disclosure to disciplinary authorities; character or reputation; imposition of other penalties or sanctions; and remorse.

He had commented on the subordinate employee’s looks and stated, “I would kill to have you.”

He sent her a text “referencing his genitals” which was seen by her boyfriend.

On at least two occasions he had “touched [her]  in a sexual way over her clothes without her consent.”

He was terminated when his partners learned of the conduct.

Attached to the sanction documents are several letters of support. (Mike Frisch)