2018 - Investigative Summary 8

Investigation of Alleged Failure to Competently Represent Client, and Lack of Candor to OPR

The investigation — which found reckless professional misconduct — focused on allegations that a Department attorney released attorney-client privileged information to a third party during the course of litigation, and attempted to conceal his actions from the client agency’s attorneys.

OPR concluded that the attorney did not commit professional misconduct by disclosing the attorney-client privileged information, but that he exercised poor judgment by disclosing the information to a third party.  However, OPR further concluded that by failing to timely inform the client agency that he had disclosed the information, he acted in reckless disregard of his duty to keep his client informed of the status of the matter.

Finally, OPR concluded that the attorney acted in reckless disregard of his obligation to cooperate with OPR’s investigation when he presented OPR with a factually incorrect account of the facts that, by a diligent review of his own records, he should have known was incorrect.