Litigation Support

On May 23d, the West Virginia Supreme Court of Appeals May 23 suspended Michael P. Markins from the practice of law for two years after he broke into his wife?s law firm computer system while looking for evidence that his wife was being unfaithful. See details in a former post: http://ridethelightning.senseient.com/2008/03/electronic-peep.html

In a per curiam opinion, the court conditioned reinstatement on the lawyer's taking an extra 12 hours of continuing legal education in ethics (gee, do you think?) and said he must also submit to one year of formal supervision once he resumes practicing.   

Markins admitted the offenses but argued that the recommended sanction was too harsh in light of his extreme emotional distress over his wife's suspected infidelity, his lack of criminal intent, the absence of harm to his or any other clients, and the fact that he never divulged any confidential information. He further stated that he was remorseful, had no discipline history, was highly regarded by his peers, had cooperated fully, and had already suffered significant financial losses.   

In its decision, the court noted Markins did not stop spying until his wife's law firm expended significant time and money investigating who had breached their e-mail security. Moreover, it added, the firm was forced to disclose the breaches to its clients, exposing itself to potential lawsuits and professional embarrassment.  The court also noted that the story had appeared in a local newspaper and that one client had already put the firm on notice of a potential claim for damages.

A cautionary tale indeed. The court is to be commended for making sure this kind of criminal and unethical conduct by a lawyer was dealt with harshly, lest there be more miscreants thinking they can ?take a walk? on this sort of unethical behavior.

Hat tip to Tina Ayiotis for passing this along.

E-mail: snelson@senseient.com      Phone: 703-359-0700