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Friday, April 27, 2012

NO DISCIPLINE FOR ASSOCIATE WHO LOOKED AT FIRM'S DOCS WHILE ANTICIPATING PERSONAL SUIT

The Massachusetts Board of Bar Overseers had decided to not discipline a former associate at a Boston firm who accessed firm documents in order to get information about a potential discrimination case she contemplated filing against them, despite the hearing panel's recommendation of discipline.

The attorney, Kamee Beth Verdrager, had complained about the firm discriminating against her due to her gender and being a new mother.  The Board of Bar Overseers held that she had not done anything that "adversely reflects on ... her fitness to practice law" by openly looking for supporting documents in the computer files of the firm when she expected to be fired.  Verdrager had been charged with violating attorney discipline rules against criminal and dishonest conduct.  The Board disagreed, since the manner in which she accessed the documents was the same as every other lawyer in the firm did.  The documents she looked at were not subject to any attorney-client privilege or secured in a private area.  In fact, "lawyers in the firm were encouraged to review public documents posted by other." 

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