Lawyers often get in fights over fees when departures occur. This common scenario caused the departing lawyer to threaten to post negative comments about his former firm on the Internet if they didn’t pay up. That led to disciplinary proceedings being brought by the state bar, and in response he voluntarily resigned in lieu of discipline. The OED then held that this constituted disbarment and, thus, was grounds for imposing reciprocal discipline disbarring him from representing others before the Office.
The decision is not legally ground-breaking, but it does show how things snowball. The opinion of the OED in In re Haley (OED 12/30/14) is here.
Link is broken.
I don’t even see why that would be a matter for OED tho unless he was straight up trying to blackmail them.
The details of the guy’s alleged extortion attempt were not the issue.
The OED’s only concern was whether his resignation from the state bar (in lieu of further disciplinary proceedings) should be considered a “disbarment” by the PTO. The fact that his signed resignation explicitly said that the resignation should be considered a disbarment by other jurisdictions was kind of key.
Comments are closed.