Thursday, April 20, 2017
The Cleveland Metropolitan Bar Association has filed a complaint alleging that an attorney deliberately ignored discovery obligations in a civil matter.
Respondent's client taped him without his knowledge when he said
"In this particular case, what I'd do is, because we are fighting a bank, I would fuck with this person in this case. She ... I know she's from out of town. She sends me a notice of deposition to take, and I know her schedule is tight ...didn't ask me when you were available, sends me a notice of deposition ... I willcompletely ignore her. She sends me interrogatories, requests for production ofdocuments ... I completely ignore her ass for a few months. [Laughter). And Imade her file a motion to compel and then I called her and said 'oh yeah I will getthem to you in two weeks, and then I completely ignored her ass again. So shefiled a motion to compel with the Court ... [Barrios: What's that?) ... a motion to make me answer the discovery. So we did a telephone conference with the Magistrate and I was like, 'Oh your honor, if only I had known' ... I ... you know, I moved my office this summer and I didn't know that she was ... she sent those things to the wrong address, but I' 11 get them out.' And I said, you know, 'this wasn't necessary' - so I wanted to make her seem like an ass. Now you got a Magistrate involved over something where all you had to do was pick up the phone. So I made her, you know ... she wanted to make me look like an ass, but then ... and I had to apologize to you because I kinda had to double-down on you, because then I was like 'ok, now I got to answer these things, and I have to set a deposition date', and I gave them that date, and that's why we couldn't change it."
It is alleged that his own words establish the misconduct and also
During his recorded December 19, 2015 meeting with Mr. Barrios, Respondent characterized defense counsel as an "arrogant bitch", and explained "that's why I did her like I did her." Audio Recording at 58: 15. Respondent's misogynistic words speak for themselves.
During his recorded December 19, 2015 meeting with Mr. Barrios, Respondent coached Mr. Barrios to lie during his deposition in response to potential questions concerning the discovery dispute that gave rise to the Motion to Compel Discovery. Specifically, Respondent urged Mr. Barrios to falsely testify that Respondent told Mr. Barrios that he was supposed to be present for his previously scheduled depositions. Audio Recording at 1 :31 :00.
The client terminated the representation on the day of his scheduled deposition. (Mike Frisch)