Friday, February 1, 2013

E-Mails And Images On Work Computer Get Lawyers Disbarred

A connection to computers was a common theme in two disbarment cases reported in the February 2013 California Bar Journal.

The first:

[An attorney] was disbarred Dec. 6, 2012, and was ordered to comply with rule 9.20 of the California Rules of Court.

[He] was convicted criminally of creating and sending approximately 21 emails and/or telephone calls to his former wife that were threatening, obscene and calculated to harass. The conviction went to the State Bar Court for a determination of whether it involved moral turpitude.

[The attorney] did not respond to a notice of hearing on conviction (HOC) and his default was entered. When he made no move to have the default set aside within 180 days, the bar petitioned for his disbarment under rule 5.85 of its Rules of Procedure. The bar court also found that the conviction did involve moral turpitude.

[He] had no prior discipline record.

And:

[An attorney] was disbarred Dec. 19, 2012, and was ordered to comply with rule 9.20 of the California Rules of Court.

[He] was convicted of misdemeanor child pornography after his law firm discovered he had downloaded a large number of pornographic images to his work computer. He was fired and charged with 55 counts of possessing child pornography. [He] pleaded guilty to one count of downloading images to his computer; he did not purchase, post or exchange any images or have contact with children in person, online or in chat rooms. He was placed on probation and registered as a sex offender. After finding Stocker complied with his probation conditions, the court reduced his probation from formal to summary and the conviction was expunged in 2011.

In mitigation, [he] took steps that recognized his wrongdoing, including completing a program for  sexually compulsive behavior and enrolling in the Lawyer Assistance Program, he submitted evidence of his good character, provided pro bono services, cooperated with the bar’s investigation and had no prior discipline record.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/02/a-connection-to-computers-was-a-common-theme-in-two-disbament-cases-reported-in-the-february-2013-california-bar-journal-th.html

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