March 27, 2012
Affair Not Privileged
The Tennessee Supreme Court has imposed a one-year suspension of an attorney who represented a divorce client with whom he was having an affair:
[He] failed to adequately advise the client of the conflict or obtain a waiver of the conflict. [He] moved to quash a subpoena for text messages claiming attorney-client privilege, although that privilege did not apply. [He] also forged a client's signature to a document, notarized the signature and submitted the document to the Court. When discovered, [he] submitted an amended document but misrepresented to the Court that the only change was the corrected signature.
He must be evaluated by the lawyers assistance program and comply with all recommendations as a condition of reinstatement. (Mike Frisch)
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