North Carolina lawyer reprimanded for sending ex-parte e-mails to judge and law clerk in “extremely contentious” divorce matter

Hello everyone and welcome to this Ethics Alert blog which will discuss the recent reprimand of a North Carolina lawyer for sending ex-parte e-mails to the judge and the judge’s law clerk in a “protracted and extremely contentious domestic case”. The reprimand is: In the Matter of Claire J. Samuels, NC Case No. 13G0801 (May 23, 2014) and is at: http://www.ncbar.com/orders/samuels,%20claire%20reprimand%2013g0801.pdf

According to the reprimand, the lawyer represented the wife in a protracted and extremely contentious domestic case against the husband, who apparently was also a lawyer. On “numerous occasions”, the lawyer “argued the merits of the case through emails to the judge and her clerk. The emails were improper and violated Rules 3.S(a)(3) and 8A (d) of the Rules of Professional Conduct.” The lawyer stated in her response to the Bar grievance that she was “only responding, as an advocate for (the) client, to the e-mails that (the husband) first presented to the court.”

The reprimand states that “(t)he Grievance Committee believed that because you were an advocate for your client, you were obligated to take the high road and not engage in those improper communications with (the husband). Finally, the Grievance Committee was concerned about your unprofessional conduct as exhibited in an April 26, 2013 email to (the husband) where you lost your objectivity as an attorney and got “personal” with (the husband). In that email you stated, ‘You’re a terrible husband, father, lawyer, and human being.’ The Committee cautions you to maintain objectivity and professionalism, even in the face of a stressful and difficult case.

Bottom line: This case apparently involved a pro se opposing party (who was a lawyer) who allegedly started the ex-parte communications; however, the reprimand confirms that, regardless of who starts it, the lawyer is still not permitted to engage in ex-parte contact with a presiding judge. Oh, and lawyers also should probably not send an e-mail to the opposing party stating “You’re a terrible husband, father, lawyer, and human being.”

Let’s please be careful out there!

Disclaimer: this Ethics Alert is not an advertisement and does not contain any legal advice and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire
Law Office of Joseph A. Corsmeier, P.A.
2454 McMullen Booth Road, Suite 431
Clearwater, Florida 33759
Office (727) 799-1688
Fax (727) 799-1670
jcorsmeier@jac-law.com
http://www.jac-law.com

About jcorsmeier

Joseph A. Corsmeier is an “AV” rated attorney practicing in Clearwater, Florida. He concentrates his practice primarily in the areas of defense of attorney disciplinary matters before The Florida Bar, attorney admission matters before the Florida Board of Bar Examiners, and professional license and disciplinary matters before the Boards of the State of Florida. He provides expert analysis and opinion on conflict of interest and other attorney disqualification and legal malpractice issues and he testified as an expert in the Florida courts. He served as an Assistant State Attorney in the Sixth Judicial Circuit from 1986 to 1990 where he prosecuted felonies exclusively from June 1987, and as Bar Counsel for The Florida Bar’s Department of Lawyer Regulation from 1990 to 1998. He also practices in the areas of estate planning and Medicaid qualification, workers’ compensation, and labor law. Mr. Corsmeier is the author of numerous articles for various bar publications, has spoken at numerous local and statewide seminars on various topics, including ethics and professionalism, and was an instructor of legal ethics for paralegals at Rollins College until the Tampa campus closed. He received his undergraduate degree from Florida State University and his J.D. from Mercer University. He is admitted to practice in all Florida Courts, the Supreme Court of the United States, the United States Court of Appeals for the Eleventh Circuit, and the Middle District of Florida. He is a member of The Florida Bar, American Bar Association, the Association of Professional Responsibility Lawyers, and the Clearwater and St. Petersburg Bar Associations.
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