Page 41 - November 2019 BarJournal

ETHICS PERSEPECTIVE COLUMN

law,” unless a condition or exception applies as disclosure(s) if documents are received that
enumerated in subsections (a) and (b) — I.e. a noticeably include them. Kate Pruchnicki is an attorney with Jay
situation in which an attorney inadvertently files In the context of professional disciplinary Milano at Milano Attorneys at Law in
a document (perhaps as an exhibit) that has that proceedings (should a case go that far) the Rocky River, Ohio. The majority of
attorney’s hand-written work product noted presence of aggravating and mitigating Kate’s practice is devoted to criminal
during a prior meeting with the client, and is circumstances is a crucial inquiry in evaluating defense, though she also handles
accused of violating Rule 1.6(a). the appropriate sanction to be imposed. Among domestic relations and civil matters. Kate is a member
Because your duty is to the client, your the list of aggravating factors set forth in Section the Ohio Association of Criminal Defense Lawyers,
responsibility to the client requires you to 13 of Rule V of the Supreme Court Rules for and regularly presents on various topics in the field of
“subordinate the interests of others[.]” But Rule the Government of the Bar of Ohio is “[t]he criminal defense at seminars across Ohio. She has been
4.4 (Comment [1]) also prohibits the rights of vulnerability of and resulting harm to victims a CMBA member since 2017. She can be reached at
third parties from being “disregarded” — it is of the misconduct.” Where an inadvertent (440) 356-2828 ext. 18 or kp@milanolaw.com.
important to keep the privacy and dignity of disclosure causes an individual significant harm,
third persons in mind each and every time you this factor could weigh heavily against you.
submit a filing, by whatever manner. Clerical mistakes and simple human errors Jay Milano has represented
Rule 4.4 of the ORPC requires lawyers to are inevitable — as document filing systems individuals in criminal, civil, and
“not use means that have no substantial purpose and techniques continues to advance, the professional licensure matters for
other than to embarrass, harass, delay, or burden opportunities for error could also increase. more than 35 years. He presently
a third person, or use methods of obtaining It is necessary for Ohio attorneys to exercise serves as a CMBA Board Director,
evidence that violate the legal rights of such a special care in document filings to protect Vice Chair of CMBA’s Ethics & Professionalism
person” — i.e. a situation in which an attorney is themselves, their clients, and third parties from Committee, and as a member of the Certified
accused of violating Rule 4.4 for filing a Motion the inadvertent disclosure(s) of confidential and/ Grievance Committee. Jay is a founding president of
with sensitive and/or confidential information or personally-identifying information—and it is the Ohio Association of Criminal Defense Lawyers
about a non-party to the litigation. important to recognize the possible consequences and a past president of the CMBA. He has been a
Rule 4.4 also requires lawyers to for failing to do so, especially where the potential CMBA member since 1982. He can be reached at
promptly notify the senders of inadvertent for harm is significant. (440) 356-2828 or jm@milanolaw.com.

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