Saturday, December 17, 2016

The Wyoming State Bar has a Disciplinary Summary document that lists and describes the public and private attorney discipline imposed in the Cowboy State.

Among the more interesting summaries of private discipline

Attorney drafted an order that contained the words “Circuit Court Witch” under the signature line for the Circuit Court Judge. The order was drafted as a joke but was inadvertently printed by the attorney and submitted to the judge by mistake. The attorney did not discover the mistake until the judge reported the matter to the Wyoming State Bar. Attorney violated Rule 8.4(d). Discipline: Private Reprimand. Attorney required to pay costs of $50 and an administrative fee of $500.

Attorney made demeaning comments reflecting the attorney’s personal and religious feelings against gay couples being foster parents in the presence of several individuals, including the foster parent and the attorney’s client, the foster child’s natural parent. In making these comments, the attorney was not speaking for the client, as the client did not share the views expressed by the attorney. Such conduct on the part of the attorney violated Rule 8.4(d). Other rule violated: Rule 4.4(a). Discipline: Private Reprimand. Attorney privately reprimanded and required to pay cost in the amount of $50 and an administrative fee of $500.

Prosecuting attorney met with several minors and their parents following an incident in which law enforcement personnel discovered the minors after hours on school property, mixing toilet bowl cleaner with balls of aluminum foil in plastic bottles, which led to a chemical reaction that caused the bottles to burst or explode, making a loud noise. The prosecutor told the minors and their parents that they could be charged with felonies or misdemeanors and perhaps federal charges and may be subject to incarceration. The minors cooperated fully with the prosecutor and freely admitted their involvement. School district officials were contacted but declined to pursue school district discipline actions. Attorney violated 3.8(b) when prosecutor interviewed the young men before giving them a reasonable opportunity to obtain counsel. Discipline: Private Reprimand. Attorney privately reprimanded and required to pay administrative fee of $500 and costs of $50.

Private reprimand issued to attorney whose law firm issued a press release reporting upon the results of a jury trial in which the attorney represented an injured plaintiff. The verdict apportioned comparative fault among the plaintiff and several other parties, including the defendants. The jury apportioned 95% of the fault to the plaintiff and two non-parties, and 5% to the defendants. The jury determined the plaintiff’s total damages to exceed $5 million. Judgment was ultimately entered in favor of the plaintiff and against the defendants in the amount of 5% of the plaintiff’s total damages. The press release reported the jury’s finding of liability on the part of the defendants, reported the amount of the plaintiff’s damages, but omitted any mention of the jury’s apportionment of fault or the fact that the plaintiff would only recover 5% of his total damages from the defendants. Such conduct on the part of the attorney violated Rule 7.1 because the press release omitted facts necessary to make the statement, considered as a whole, not materially misleading, and because the press release was likely to create an unjustified expectation about results the lawyer can achieve. Discipline: Private Reprimand. Attorney privately reprimanded and required to pay costs in the amount of $50 and an administrative fee of $500.

The summaries are organized by the applicable rule violation and also contain the full text of each rule. (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2016/12/the-wyoming-state-bar-has-a-document-that-lists-and-describes-public-and-private-discipline-imposed-one-summary-attorney-m.html