Thursday, October 10, 2024

An Unprofessional Meeting

A reprimand has been imposed by the New Jersey Supreme Court for unauthorized communication with a client's co-defendant as described by the Disciplinary Review Board

in 2018, respondent represented a criminal defendant in connection with charges of conspiracy to commit murder and attempted murder. The co-defendant in that matter (Sandya Reddy) was represented by separate counsel. Despite knowing that Reddy was represented by counsel, in November 2018, respondent met with her at the Middlesex County Correction Center, two months after having attended a meeting with her attorneys and the prosecutor, wherein he learned that Reddy intended to plead guilty and testify against his client. Prior to visiting Reddy, respondent admittedly failed to contact her attorneys or to request permission to visit and speak with her. Further, he admittedly asked the corrections officers to produce Reddy for “a professional meeting” and that Reddy did not know who was there to visit her or have the opportunity to decline the meeting.

Respondent claimed that Reddy initially had called him, however, he made no effort to report this, or his contact with Reddy, to her attorneys. Further, although respondent asserted that he had told Reddy that he could not talk to her about the facts or issues of the criminal case, he nonetheless continued the conversation after Reddy brought up her case and expressed dissatisfaction with her counsel. Respondent admittedly provided Reddy with his business card and agreed to contact new counsel on her behalf. Thereafter, respondent failed to inform Reddy’s attorneys about his conversation with their client.

Upon learning that respondent had spoken with Reddy, her attorneys filed a motion to disqualify him as counsel in the criminal matter. Before the court could rule on that motion, however, the criminal prosecution was transferred to federal court.

Respondent was charged with witness tampering in a resulting criminal case but those charges were dismissed. (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2024/10/un-unprofessional-meeting.html

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