Tuesday, October 15, 2019

Dance Of Disbarment

An Illinois attorney has moved for consent disbarment on these facts

On November 9, 2012, Movant assumed representation of Samuel Johosephat Taylor ("Taylor"), who had been charged with one count of first degree murder and one count of second degree murder in Minnesota’s Hennepin County District Court in the matter entitled State of Minnesota v. Samuel Johosephat Taylor.

Prior to the undertaking the representation of Taylor, Movant met with Taylor’s wife, Breanna Taylor, and agreed to represent Taylor for a flat fee of $10,000, with $1,000 paid up front, followed by weekly payments of $500 to $1,000 until the fee was paid in full.

On December 11, 2012, Movant filed with the district court in Taylor’s case a document identifying Breanna Taylor as a witness to be called on her husband’s behalf.

Breanna Taylor did not have the money to make a payment to Movant, so she told Movant that she would come to see him and "give him a dance or something." While Breanna Taylor was at Movant’s home, she paid $150 to Movant, danced for him, and had sexual relations with him.

Taylor did not learn of Breanna Taylor’s sexual relations with Movant until after his February 20, 2013 guilty plea and March 22, 2013 sentencing. On December 23, 2015, Taylor filed a petition for post-conviction relief with the district court based upon an alleged conflict of interest arising out of Movant’s undisclosed sexual relations with Breanna Taylor.

On August 9, 2016, while preparing for an August 29, 2016 hearing in the Taylor case, the Assistant County Attorney assigned to the matter spoke to Movant about the allegations in Taylor’s petition for post-conviction relief, and Movant falsely denied having had sexual relations with Breanna Taylor. Thereafter, on August 27, 2016, after being confronted with a recording where Taylor spoke of the fact that Movant had sex with his wife, Movant admitted that he had had sexual relations with Breanna Taylor.

And

On October 10, 2008, Movant filed his appearance on behalf of an individual identified by Minnesota disciplinary authorities only as "M.D.," who had been charged with driving while intoxicated ("DWI") in the Hennepin County District Court. Movant represented M.D. through her sentencing on December 12, 2008.

Movant did not have a consensual sexual relationship with M.D. prior to his representation of her in the DWI matter, but during the representation, Movant engaged in sexual relations with M.D.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2019/10/an-illinois-attorney-has-moved-for-consent-disbarment-on-these-facts-on-november-9-2012-movant-assumed-representation-of-s.html

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