I wanted my readers to be aware of this case, Attorney Grievance Commission v. Gregory Raymond Keiner, where an associate attorney, in preparation for opening a law practice, was disbarred in Maryland for destroying client files and information from the law firm he worked at.
According to the grievance commission report linked to above, Keiner was an associate attorney at the Law Offices of Evan K. Thalenberg from 2002-2008. He worked as a litigation associate in what appears to be a busy and successful lead paint, personal injury law firm. The disciplinary commission opinion states that he was making $268,7000 in annual income in 2008 – the year he planned to leave the firm and open his own law practice. He was attempting to bring clients with him and purposely falsified client files in the possession of the firm before doing so. The opinion states that he deleted information such as the blood level toxicity reports on several children so that it appeared they did not have poisoning. The opinion also states that from approximately June 2008 to March 2009, Keiner altered or deleted client documents and files in an effort to make it appear that the cases were weak in terms of whether his firm should handle them. Three judges voted to suspended Keiner while the majority of four voted in favor of disbarment. Keiner argued that his misconduct was caused by depression and alcohol dependency, but judges did not find that the dependency caused a “serious and debilitating mental condition.”
When I first read a article about the opinion at BNA.com I was surprised that an associate trying to start his own law firm would be disbarred for trying to take client files with him. It seemed a bit steep. But, when you go read the opinion, it becomes pretty clear that what Keiner was doing was in violation of Maryland criminal and ethical law and that his actions were, in my opinion, over-the-top unethical.
I wrote a post here in the past about opening a law practice and informing your clients of your move when you start a law firm or relocate to a new state. There are clear rules on what needs to be done in this type of situation and the rules certainly have nothing to do with destroying client information and stealing client files from your old firm.
This case should be a lesson on what not to do for any attorney out there who is thinking about starting a law firm.