October 26, 2010
Looking For Mr. C.
A three-judge court in Virginia has accepted an agreed disposition in a case where the attorney had represented a client in a contested, fault-based divorce.
At a hearing on custody and support, a witness (hereinafter "Mr. C.") testified that the attorney's client was a prostitute. He knew this because he was a client of hers for eight months. He also testified that he spoke to two other clients who had paid for sex with her.
The attorney's client was stripped of custody and lost her spousal support award.
The attorney then sent a letter to the wife of Mr. C. Attached was a copy of Mr. C.'s testimony. The letter
stated that [the attorney] simply did not understand "why a person would falsely claim that he visited a prostitute six or eight times" if it was not true.
The letter also asked for her help in locating Mr. C.
The court imposed a public reprimand without terms for violation of rules relating to respect for the rights of third parties and fairness to opposing parties and counsel. (Mike Frisch)
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Yet another agree disposition. Given this set of facts, it is not obvious to me that the lawyer necessarily violated RPC 3.4 and 4.4.
Posted by: FixedWing | Oct 26, 2010 11:39:37 AM