Friday, February 8, 2019

When No Response Is The Correct Response

A public reprimand summarized on the web page of the Massachusetts Board of Bar Overseers

The respondent, who was admitted to practice in 1977, received a public reprimand for sending multiple emails to an opposing party, who she knew was represented, concerning the subject of the representation, when she was handling the matter for a client.

In 2015, the respondent represented a husband in a divorce. At one point during the divorce, the wife emailed the respondent and blamed the respondent personally for causing the proceeding to become protracted. The respondent knew that the wife was represented by counsel but replied to the wife with a copy to the wife’s attorney to refute the wife’s allegation. Counsel for the wife responded promptly telling the respondent that he disapproved of the respondent contacting his client. Thereafter, the respondent sent two more emails to the wife about the divorce with copies to the wife’s counsel.

The wife terminated the representation of her prior counsel and hired a new lawyer. Although the respondent knew that the wife was represented by new counsel, the respondent sent an email directly to the wife concerning property that was a subject of the divorce. Counsel for the wife replied promptly objecting to the respondent’s communication.

By contacting a person that she knew was represented by counsel, on behalf of her client, concerning the subject of the representation, the respondent violated Mass. R. Prof. C. 4.2.

(Mike Frisch)

Bar Discipline & Process | Permalink


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