Broken Hearts And Indian Head Massages
The Pennsylvania Supreme Court has imposed a three-year suspension with all but one year stayed on conditions for a conflict of interest that involved sexual behavior (but not intercourse) with a client.
Respondent has had a career that involved the representation of sexual abuse, assault and trafficking victims as both a prosecutor and in private practice.
The client (V.P.) retained Respondent to investigate a potential lawsuit against the Church of Scientology. She lived in Australia.
Respondent began following her social media accounts and “liking” her posts.
They communicated extensively by text message and telephone.
Beginning in April 2019, Respondent and V.P. exchanged messages that were personal and flirtatious.
The text messages showed that he was aware of the ethical implications of a romantic involvement with her.
He booked separate hotel rooms in Los Angeles for them to facilitate V.P.’s taping of a show relating to Scientology.
When he advised her he had a respiratory illness, she offered to give him an “Indian head massage.”
She went to his hotel after the taping where they engaged in sexual touching but not intercourse.
A subsequent meeting with the Department of Justice was arranged in Los Angeles while the text messages continued.
The Marriott Spa was the destination; V.P. texted that the experience would include a “full body massage,” an “Indian head massage,” and a “foot massage” with “massage oil.”
Respondent replied that it would be “pretty unbelievable.” She indicated she had “magic hands” and that it would be the best massage he ever had.
Three days later, Respondent texted her about his ethical obligations; she responded that the comment “crushed [her].”
In Los Angeles for the meeting, they slept in Respondent’s hotel bed and touched sexually without intercourse. He then informed her she could not sleep in his room again.
They engaged in extensive text messages after the DOJ meeting and ultimately
V.P. told Respondent he had broken her heart, that she had tried to get over him but she could not do it, and that she still loved him.
Respondent “belatedly” attempted to make the relationship more professional.
He later advised her that his law firm would not bring a claim on her behalf and she retained new counsel.
If the matter had gone to hearing, Respondent would have testified that he had been a victim of childhood sexual abuse.
Courthouse News Service reported on a matter that identifies Respondent as the former attorney of a Jane Doe client who is suing the Church of Scientology. (Mike Frisch)