Tuesday, June 16, 2009

Admonition For Confidentiality Breach

A recent admonition reported on the web page of the Massachusetts Bar Counsel;


Improper Disclosure of Confidences of Lawyer’s or Firm’s former Client [Mass. R. Prof. C. 1.9(c)(1)]

The respondent began working for an asset location and recovery company in 2005. Part of her responsibilities included researching court records to identify people who might be owed money. In February of 2007, the respondent gave notice to her client of her intent to leave its employment.

During the course of her work for her client, the respondent identified a number of individuals who were each owed money. After she left employment of her former client, the respondent began operating her own asset location and recovery company. Without the knowledge or permission of her former client, the respondent contacted some of the individuals she had previously identified and contracted with them to recover money. Several months later, the former client learned the respondent was competing with her. The respondent subsequently closed her company.

The respondent received an admonition for using confidential information of the former client to her advantage and to the disadvantage of the former client, in violation of Mass. R. Prof. C. 1.9(c)(1).

(Mike Frisch)


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