In Re Eisenstei

485 S.W.3d 759 (2016)

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Nature of the Case

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Facts

D was licensed as an attorney in 1974. D has been disciplined on five prior occasions. In the present matter, D represented Husband (H) in an action to dissolve H's marriage to Wife (W). H accessed W's personal e-mail account without her permission. H obtained W's most current payroll documents and a list of direct examination questions W's attorney had e-mailed to W in preparation for trial. In November 2013, H delivered the payroll documents and list of direct examination questions to D. On the second day of trial, D handed W's attorney a stack of exhibits that included the direct examination questions. Prior to this time, neither W nor her attorney were aware that H had improperly accessed W's e-mail account and delivered the information to D. H admitted that he improperly accessed W's personal e-mail account and obtained the list of direct examination questions and the payroll information. H admitted that he made notes on the list and delivered the documents to D. D admitted that he had viewed the information improperly obtained by H and that he did not immediately disclose his receipt of this information. On February 14, 2014, D sent the following e-mail to W's attorney: Rumor has it that you are quite the gossip regarding our little spat in court. Be careful what you say. I'm not someone you really want to make a lifelong enemy of, even though you are off to a pretty good start. Joel. P charged D with violating Rules 4-4.4(a) for using methods of obtaining evidence in violation of the rights of a third person; 4-8.4(c) and (d) for reviewing and using improperly obtained evidence; 4-3.4(a) for unlawfully concealing a document having evidentiary value; and 4-3.3(a) for misrepresenting facts to a tribunal. P held that D violated Rules 4-4.4(a), 4-8.4(c) and (d), and 4-3.4(a). It recommended an indefinite suspension with no leave to apply for reinstatement for 12 months. D appealed.