Thursday, July 23, 2009
A Tennessee lawyer received a public censure for misconduct that had taken place while she was an independant contractor working at a law firm on personal injury cases. Law firm management "discovered that [the attorney] had somehow obtained other employees' passwords, which gave [the attorney] access to information from the case management system, including client lists, files, and management reports." The problem persisted after several password changes. Prior to departure from the firm, the attorney had installed a file shredder system on her computer to shred her personal files. As a result, the firm was unable to use the computer.
There was no evidence that files were exported to an outside source. The firm, which had filed the complaint, "conceded that no files or information was exported." The attorney was found to have violated Rule 8.4(c).
A second attorney was censured for similar misconduct. Although the notices do not so specify, it appears to have happened at the same law firm. (Mike Frisch)