Tuesday, November 13, 2012

No Sanction For Reciprocal Rule 4.2 Violation

The Michigan Attorney Discipline Board has found misconduct but imposed no discipline in a reciprocal discipline matter where the attorney had been sanctioned for a Rule 4.2 (unauthorized communication with represented person) violation by a North Carolina federal district court.

The attorney had contacted a person represented by counsel in a criminal investigation. That person was a named defendant in civil litigation, but did not have counsel in the civil case. The attorney had contacted the criminal attorney, who "made it clear" that he was not counsel in the civil matter.

The board here found that the misconduct was conclusively established for reciprocal discipline purposes, but that this was one of the "exceedingly rare instances" where no discipline should be imposed. 

If you read between the lines, I think the board did not really believe that any violation was established. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2012/11/no-sanction-for-reciprocal-rule-42-violation.html

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