Lawyer reprimanded after mistakenly emailing opposing counsel with plan to avoid judge’s call
Ethics
Lawyer reprimanded after mistakenly emailing opposing counsel with plan to avoid judge’s call
April 18, 2024, 11:51 am CDT
A Massachusetts lawyer who mistakenly copied the opposing counsel on an email has been reprimanded for its message to a bankruptcy attorney. (Image from Shutterstock)
Updated: A Massachusetts lawyer who mistakenly copied the opposing counsel on an email has been reprimanded for its message to a bankruptcy attorney.
The Board of Bar Overseers of the Massachusetts Supreme Judicial Court reprimanded lawyer Michael B. Cosentino of Massachusetts in a March 28 opinion noted by the Legal Profession Blog.
Cosentino and the bar counsel had jointly recommended a reprimand.
Cosentino represented the Giving Tree Health Center and one of its owners in a civil lawsuit filed by CSI Engineering. In a pretrial hearing a few days before the March 2022 trial, Cosentino informed the judge that a trial would likely be unnecessary because the Giving Tree Health Center was filing for bankruptcy.
The judge said there would still be a need to address claims against the Giving Tree Health Center owner if he was not filing for bankruptcy too.
The lawyer for CSI Engineering claimed that the defendants were withholding information about the bankruptcy to encourage the plaintiff not to prepare for trial.
The judge said he would call the bankruptcy attorney. As the clerk was dialing, Cosentino sent the bankruptcy attorney an email that read: “Court is going to call you. Don’t pick up.” He also sent a text that read: “Don’t pick up your phone.”
Cosentino mistakenly copied the opposing counsel on the email.
Cosentino was reprimanded for conduct intended to disrupt a tribunal.
Cosentino gave this statement to the ABA Journal: “This was an unfortunate situation. I believe I was acting in the best interests of my client, but I recognize my mistake. I am glad to put this behind me and move forward.”
Updated April 18 at 5:25 p.m. to add the statement by Michael B. Cosentino.
