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Associate Accused Of Secretly Videotaping A Colleague Undressing Agrees To Discipline

He's been suspended from the practice of law.

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According to a 2017 ethics complaint, while Michael Thomas Herbst was an associate at an unnamed law firm, he secretly videotaped a fellow associate “J.T.” on at least 20 occasions as he changed in the office. Now Herbst has agreed to discipline by the Illinois Supreme Court.

The initial complaint details Herbst’s alleged scheme to recording J.T. in various states of undress. As the firm in question had a casual dress policy, attorneys would frequently change into more formal attire when they had a client meeting, deposition or court appearance. It was during these costume change moments that Herbst that the complaint alleges Herbst struck:

Between June and September 2016, on at least 20 different occasions, when Respondent knew that J.T. would be changing clothes in his office, Respondent placed a usb video flash drive in a hidden location in J.T.’s office without J.T.’s knowledge or consent. Using the usb flash drive, Respondent videotaped J.T. in various states of undress while J.T. was changing clothes. On each of these occasions, Respondent subsequently retrieved the device, and watched the videos for his own sexual and emotional gratification. Whenever Respondent knew J.T. had a reason to be changing clothes in his office, he would then replace the usb video flash drive into J.T.’s office.

As reported by ABA Journal, J.T. became suspicious when Herbst spent an undue amount of time in his office. J.T. located the flash drive with video of him in Herbst’s office.

In May 2017, Herbst pleaded guilty to a misdemeanor charge of unauthorized videotaping. Last week, Herbst agreed to be suspended from the practice of law by the Illinois Supreme Court. He’ll be suspended for two years, with the suspension stayed after six months by a two-year period of probation.

headshotKathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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