On December 5, 2014, the Kansas Supreme Court suspended for 6 months an attorney who sent a Facebook “emotional blackmail” message to a unrepresented party.
The sanctioned lawyer represented a biological father opposed to the adoption of his daughter. The attorney sent a Facebook message to the 18-year-old biological mother, who was not represented by counsel, urging her to “get rid of the guilt and standup and do what is right” by revoking consent to the adoption. The lawyer also attached a form for the woman to sign revoking the adoption.
While the hearing panel of the Kansas Board for Discipline of Attorneys recommended a 60-day suspension, the Supreme Court held that a six-month suspension was appropriate:
“respondent “attempted to manipulate the biological mother and, as a result, interfered with justice.” Respondent’s conduct “amounted to emotional blackmail” of an unrepresented 18-year-old who was dealing with a process that was already “’emotionally exhausting.'” His “electronic message was designed to embarrass, burden, and create guilt in the mind of the biological mother.” These “bullying tactics directly reflect on [respondent’s] fitness to practice law as an attorney”.
Kansas Rules of Professional Conduct: 8.4(d) and (g), 4.1, 4.3, 4.4 The December 5, 2014, Supreme Court of the State of Kansas order in the Matter of Eric Michael Gamble is available at http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2014/20141205/112037.pdf