Hello everyone and welcome to this Ethics Alert which will discuss the recent Ohio Supreme Court opinion suspending a lawyer for 1 year with the final 6 months deferred for “extreme, obnoxious, and humiliating attacks” on a paralegal for over 2 years. The case is Disciplinary Counsel v. Skolnick, No. 2018-OHIO-2990 (Aug 1, 2018). The opinion is here: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2018/2018-Ohio-2990.pdf.
The opinion described the lawyer’s conduct as follows: “During (the paralegal’s) two-and a-half year tenure, Skolnick berated her for her physical appearance, dress, education, and parenting skills. He called her a bitch, a ‘hoe’, a dirtbag, and a piece of shit, and he told her that he hoped she would die. And because (the paralegal) recorded her interactions with Skolnick on more than 30 occasions, we have had the opportunity to hear Skolnick’s outbursts for ourselves.”
“In addition, the lawyer ‘called (the paralegal) stupid, dumb, fat, ‘whorey,’ and bitch.’ Further, he remarked that she should give him ‘road head’ during a drive and falsely told an African American client that the paralegal “did not like black people.”
“The only explanation that Skolnick offered for his extreme, obnoxious, and humiliating attacks on L.D. was that he had learned the lingo from rappers and hip-hop artists while practicing entertainment law and that he believed he was using the phrases in more of a humorous than a harmful way.” In addition, “(a)lthough (the lawyer) presented some evidence that he had been diagnosed with and was being treated for cyclothymic disorder and exhibited traits of obsessive-compulsive personality disorder, the board declined to afford mitigating effect to those conditions because Skolnick did not present any evidence that they were causally related to his misconduct.”
The opinion found that the lawyer violated Ohio Rule of Professional Conduct 8.4(h), prohibiting a lawyer from “engaging in conduct that adversely reflects on the lawyer’s fitness to practice law” and suspended the lawyer for one (1) year with the final 6 months deferred.
Bottom line: this lawyer engaged in extreme, obnoxious, and humiliating attacks” on his paralegal. The lawyer tried to minimize and justify his conduct by claiming that he learned the “lingo” from “rappers and hip-hop artists” and was being treated for psychiatric disorders. The court imposed a 1 year suspension with the final 6 months deferred.
Be careful out there.
Disclaimer: this Ethics Alert is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship 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.
29605 U.S. Highway 19, N., Suite 150
Clearwater, Florida 33761
Office (727) 799-1688
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