Friday, April 8, 2011

Substantially Related

The Louisiana Supreme Court imposed a reciprocal reprimand based on the action of the Tennessee Supreme Court. The misconduct:

...respondent was retained to represent the defendant in a criminal matter. The defendant was  employed by a company which is also a client of respondent’s, and the company paid respondent’s legal fees on behalf of the employee. When the employee failed to reimburse the company for these sums, respondent, pursuant to his representation of the company, acted as a collection agent for the company against its employee and participated in the termination of the employee from the company. Respondent also disclosed the amount of fees charged in the employee’s case to the company, which withheld that amount from the employee’s last paycheck in violation of Tennessee law. Respondent thereafter participated in litigation adverse to the employee and which was substantially related to the conduct that was the alleged reason for the employee’s termination from the company.

The sanction imposed in Tennessee was public censure. (Mike Frisch)

Bar Discipline & Process | Permalink

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