Thursday, July 14, 2016

A public reprimand has been imposed by the Wisconsin Supreme Court for a sexual relationship between an attorney and his client in a divorce matter

Beginning in September 2010, Attorney Atta's professional relationship with [client] BA-B became increasingly personal, and the two had sexual relations. A consensual sexual relationship had not existed between them prior to the time their attorney-client relationship began. Between April 2012 and February 2013, Attorney Atta and BA-B had numerous telephone conversations, with a majority of the calls being lengthy and after midnight. In one telephone conversation, Attorney Atta told BA-B he had strong feelings for her, discussed one day being married to her, and discussed intimate topics. Attorney Atta went to BA-B's house for dinners. Attorney Atta, BA-B, and her young daughter would also go out for lunch or dinner together at local restaurants.

Attorney Atta's personal communications, interactions, and personal relationship with his client while he continued to represent her in her divorce action created a conflict of interest on Attorney Atta's part. In March 2013, near the end of the divorce proceeding, [husband] AAN accused Attorney Atta of having a romantic relationship with BA-B. On March 11, 2013, AAN's attorney emailed Attorney Atta expressing concern that his client was claiming Attorney Atta had some sort of relationship with AB-B. Attorney Atta responded to the email by denying that such a relationship existed and claimed that AAN and his new wife were spreading false rumors.

On March 12, 2013, the circuit court held a final, stipulated hearing in the divorce case. Prior to the hearing, AAN's attorney met with Attorney Atta and the judge in chambers to discuss the concerns raised by AAN. The court asked the parties to state their concerns on the record. AAN's attorney expressed concern that there was a romantic relationship between Attorney Atta and BA-B. Attorney Atta responded by saying that the allegations were "entirely without merit" and he accused AAN and his new wife of "going around the community trying to badmouth me, badmouthing my client, alleging that we are sleeping together, alleging that my client is sleeping with other men, and so forth." At the hearing, the circuit court accepted the terms of the stipulation on all issues, granted the divorce, and ordered Attorney Atta to submit proposed findings of fact, conclusions of law, and a judgment to the court within 30 days.

Things deteriorated from there

Attorney Atta and BA-B continued to speak after the divorce hearing, but by May 2013, their relationship had deteriorated. By the end of May 2013, Attorney Atta had not yet filed the proposed findings of fact, conclusions of law, and judgment with the court. On May 24, 2013, BA-B sent Attorney Atta an email expressing concern that the final divorce papers had not yet been prepared. On May 28, BA-B wrote to the court asking for assistance in having the paperwork completed. On May 31, 2013, AAN's attorney emailed Attorney Atta asking him to advise of the status of the matter. Attorney Atta did not respond for over two weeks.

On June 16, 2013, Attorney Atta responded to AAN's attorney's email, saying he would drop off the proposed documents the next day. On June 18, 2013, Attorney Atta forwarded his proposed findings of fact, conclusions of law, and judgment, apologizing for the delay. Attorney Atta emailed BA-B the proposed documents on July 1, explaining the changes made and advising her on outstanding issues, including past due child support and credit card debt. Without BA-B's consent, Attorney Atta copied his email, including the findings of fact, conclusions of law, and judgment, to his brother, Ihsan Atta. BA-B had met with and been in contact with Attorney Atta's brother. On July 1, 2013, after incorporating subsequent language changes proposed by both attorneys, Attorney Atta sent the final proposed documents to the court. The court signed the documents and submitted them for filing on July 16, 2013.

On August 8, 2013, BA-B filed a telephonic grievance against Attorney Atta, alleging that he intentionally delayed filing the divorce documents after she terminated their relationship. BA-B was also upset that Attorney Atta had copied his brother with the divorce papers, and she asserted that Attorney Atta had taken advantage of her by engaging in a sexual relationship with her while she was in an emotional stage in her life.

Notably (given the lenient sanction) the attorney also falsely denied the allegations of a sexual relationship in response to the bar complaint and until entering a no contest plea to the ethics charges.

A dissent from Justice Ann Walsh Bradley

Attorney Othman M. Atta entered into a stipulation which provides he is not contesting the eight counts of misconduct. The misconduct centers on Attorney Atta's consensual sexual involvement with a client that arose during the course of the representation in divorce and immigration matters. The underpinnings of this prohibition are rooted in concerns about conflicts of interest and breach of fiduciary rules. Such concerns address the essence of the professional relationship.

Truth telling also lies at the heart of the profession——especially truth telling to a tribunal. Attorney Atta's misconduct included making false statements to a tribunal by advising the circuit court that the allegations of a romantic relationship with his client were "entirely without merit" in violation of SCR 20:3.3(a)(1). Additionally his misconduct includes making false statements to the Office of Lawyer Regulation in violation of SCR 22.03(6), and to opposing counsel in violation of SCR 20:4.1(a)(1).

I have written in the past, and I do again today, because the court appears to be too lenient for violations of this nature that undermine the trust relationship and truthfulness required of an attorney. See In re Disciplinary Proceedings Against Ruppelt, 2014 WI 53, ¶32, 354 Wis. 2d 738, 850 N.W.2d 1 (Ann Walsh Bradley, J., dissenting).

Because I conclude that the violations warrant more than a public reprimand, I respectfully dissent.

Justice Abrahamson joined the dissent. (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2016/07/a-public-reprimand-has-been-imposed-by-the-wisconsin-supreme-court.html