The Sanction

by Charles Parsons

Table of Contents

Table of Contents
parts 1, 2, 3

conclusion

The panel met briefly to discuss how to proceed. Then Ms. Draper growled her ruling.

“We won’t exclude your evidence of the quality of Mr. Chance’s representation. However, Mr. Mason’s motivation for filing the complaint is irrelevant. Mr. Martin, we consider your cross-examination as completed. You may sit down.”

Martin complied.

Ms. Hancock rested her case, and Martin began his defense. He called Mimi as his first witness.

“Did Mr. Chance ever solicit sex with you after you retained him to represent you?”

“No. He was intent on proving the hotel created a hazard.”

“Did your relationship evolve into more than a professional one?”

“For me, winning was critical. The litigation was also an escape from the depressing state of my marriage. My husband’s business was losing money. Meanwhile, Chance buoyed me with his thinking outside the box.”

“Whose idea was it to rent that apartment near Chance’s office?”

“Mine. I wanted his attention ahead of those other clients demanding to see him. “

“Did you two ever discuss that it was an ethical violation for a lawyer to have sex with his client?”

“Chance brought it up once. But I reminded him that I was the client. I felt I could consent to and waive any conflict between us.” Then she smiled. “I told him there was no way I’d ever let him withdraw from our relationship, professionally or sexually.”

Down the table, I could see Ms. Draper grimace. Martin continued.

“Did you ever discuss the settlement of the Marabella case with your husband?”

“Hal attended our settlement discussions with the hotel. Then he demanded half of Chance’s fee and half of my settlement. Hal promised that if Chance paid up, he wouldn’t file a complaint.”

To avoid any objection from Ms. Hancock that he was leading the witness, Martin simply asked. “What happened next?”

“Hal was desperate for cash. When we wouldn’t agree to his terms, he filed the Bar complaint. Then he sued me for a divorce and half of the Marabella settlement.”

Ms. Hancock posed no cross-examination.

* * *

During a brief recess, Martin took me aside and told me I was his next witness. “We know it was Mimi who coaxed Chance out of the office. But why did he go along since it was such a clear ethical violation? Was it just lust?”

“If I say he just wanted sex, he’s sure to be punished. Besides, that wasn’t it at all.”

“Well, why then?”

“Chance is a guy constantly in need of praise. Mimi knew how to lay it on. It may sound silly, but she fit his fantasy of a beautiful victim in need of a champion.”

“Anything else?”

“Mimi was obsessed with proving the hotel caused her injury. She wasn’t about to let Chance stray from that mission. Sex is probably her version of some game theory she uses.“

Martin inhaled deeply, then led me back to the Hearing Room. After taking the oath, I sat down in the witness chair.

“Mr. Albrecht, how long have you been Mr. Chance’s law associate?”

“Nearly four years.”

“Have you formed an opinion concerning his ethical standards?”

“Yes. I regard Chance as a highly ethical lawyer who consistently does his best for his clients.”

“Did you have an opportunity to observe his conduct with his client, Mrs. Mason?”

“Yes.”

“Please describe what you saw.”

“Mrs. Mason was not a difficult client, but she was determined to prevail against the Marabella Hotel. She spent hours with Chance seeking to understand his strategy and tactics.”

“What happened next?”

“As the case progressed, Mimi placed Chance on a pedestal, but she became more demanding. I could tell she was terrified of losing. She rented a nearby location where they could meet without distractions. I told Mimi it wasn’t a good idea, but she persisted. Chance went along with it. They usually met for lunch every Tuesday.”

“Were you surprised by the Bar complaint against Chance?”

“Yes. Chance set up a pre-trial mediation hearing with the hotel executives. Both Mimi and Hal Mason were there, and Hal later told me that the executives caved in when they heard Chance’s expert’s testimony. “

On cross-examination, Ms. Hancock glared at me. “Mr. Albrecht, how many clients does your boss see in a privately arranged apartment near his office?”

“None other than this one. But he often visits clients in their homes when they’re too badly injured to come to our office.”

“You aren’t telling this panel you saw nothing unusual about these out-of-office meetings, are you?”

“Well, I could see vividly from Mr. Lee’s video what was actually happening between them.”

Chance leaned silently over the table. He pushed his face into the palms of his hands.

I looked directly at Ms. Draper. “But I never noticed any difference in Chance’s usual intensity while he pursued the case against the Marabella Hotel.”

Ms. Hancock shook her head for dramatic effect, then sat down.

When Martin nudged Chance that it was now his turn to testify, he suddenly jerked upright in his chair. His eyes were wide, and his jaw had dropped open. I heard short harsh gasps as he took the witness oath.

Martin was intent on a short direct examination. “Have you ever before been cited in a Bar complaint?”

“No.”

“Do you concede that you violated the Code of Professional Responsibility in this case?”

“I regret it, but, yes, I did violate the rules of our profession.”

“Do you have any mitigating statement you’d like to make at this time?”

“I made a big mistake. I feel genuine remorse for my misconduct. I can only state it will never happen again.”

Ms. Hancock asked a few pointed questions. “Mrs. Mason is a very attractive woman, isn’t she?”

“Yes, she is.”

“You knew she was married when she retained you, didn’t you?”

“Of course.”

“Yet you dishonored your sworn obligation as a lawyer so you could have sex with her, didn’t you?”

Chance nodded silently.

At this point Ms. Draper interrupted. She said she too had questions. Her eyes were bulging.

“Why shouldn’t we sanction you harshly since you put own selfish interest ahead of your professional obligations?”

“This was my client’s idea. Plus, I fully performed the legal duties I owed her.”

“You can’t say you had her unconditional consent, can you? “

Chance stared Ms. Draper directly in her eyes. “Mimi wanted my expertise in holding a wrongdoer accountable. I delivered the result she wanted.”

“You owed that to her as your client without extracting sex from her, didn’t you?”

“Mimi decided for herself what she thought would spur me to win for her.”

Ms. Draper nostrils flared. “You claim remorse while admitting you violated your fiduciary duty. But we mustn’t reduce your sanction just because you obtained a generous settlement for a client you claim is wily, should we?

“That’s a judgment this panel will have to make.”

Ms. Draper shook her head angrily, her lips curled. “You could have withdrawn as her counsel and avoided any unethical sexual contact with her, couldn’t you?” She raised both her palms as Chance started to reply. “That’s okay, Mr. Chance, you needn’t give us an answer. We know you’ll only try to shift the blame to your client.”

I grabbed my fist before I could slam it onto the table. Maybe Ms. Draper saw me and could sense how unfairly I viewed her rhetoric. Anyway, she had no further questions. Martin rested his case.

* * *

The panel chose to limit closing arguments since Chance had admitted violating the Code of Professional Responsibility. Ms. Draper said the panel’s sole role now was to agree on an appropriate sanction.

Ms. Hancock insisted that the panel should administer more than a slap on the wrist. Even if a lawyer obtains a good result for his client, he isn’t entitled to extract sex.

Martin stressed that Chance had practiced honorably for fifteen years with an unblemished record until Mimi Mason arrived. Martin insisted that Mimi was a client with a unique outlook who admitted candidly she used intimacy to exhort her lawyer. Chance, he argued, had demonstrated genuine remorse and was unlikely ever to make the same mistake of judgment again.

Ms. Draper and her panel members gathered their notes and withdrew to another room. After an hour, they announced they needed more time to review.

* * *

Two weeks later, while I was in the court’s clerk’s office, one of the women who worked behind the counter leaned toward me. In a low voice, she asked. “Your boss stirred up a hornet’s nest in the Bar Counsel’s office, didn’t he?”

“I don’t know. Did he?”

“For sure. Some of the staff back there are holding out for a long suspension.”

I thanked her for the disclosure. On the walk back to the office, I decided not to tell Chance.

* * *

Ten weeks later, Chance, Martin and I gathered at the Chancery Tavern near the courthouse. The panel had issued written opinion that day. I set the tray of martinis down on the corner booth table in front of Martin and Chance. The dim light of the tavern reflected off the glasses resting on the table beside the panel’s three-page typed opinion. Martin hoisted his drink, slowly sipped, then put it back on the table.

“I’m sorry, Chance,” he said. “It took them a long time, but I’m sure it was Ms. Draper who wrote this opinion.” He studied the liquid in his glass. “Anyway, you’re suspended from practicing law for three months.”

Chance inhaled deeply. “Justin will take over all my cases while I’m in the penalty box.”

“What about Mimi? Did you tell her?”

“Sure. She felt terrible about it.” Chance shook his head. “While we were waiting for this opinion, Mimi made some choices. She gave Hal twenty-five percent of the settlement to resolve the divorce proceedings. They also agreed to joint custody of their children.”

Martin whistled softly. “She acted in a very mature manner in closing that chapter in her life.”

Chance took a sip from his glass. “Those were my suggestions. Since the hearing, Mimi and I met a few times at the apartment.”

“Well, you no longer represent her so there’s no risk of another sanction. Are you still seeing her?”

“No. She ended it.” Then he smiled. “Still, I think of Mimi every time I look up at that Daumier print.”

Chance placed both hands on the table. “That three-month shutdown will be over soon. I’ll survive the disgrace of being cited as an unethical soul in The Bar Journal.“ He tilted his head slightly. “Representing Mimi taught me that being a lawyer means never letting your client take hold of the steering wheel.”