Legal Ethics

Attorney Sanctioned For Advising Clients To Spread COVID-19

This is not a great legal strategy.

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Man refusing hand shake with virus infected peopleSanctions are the most obvious and also the least consequential result of things from this incident — because it sure feels karma’s gonna have A LOT to say about this entire situation.

A Colorado attorney, Devon Barclay, has been sanctioned by bankruptcy Judge Thomas McNamara. Specifically, he’s been suspended for “blatant misconduct” from practicing in Colorado bankruptcy courts for three years. The allegations at the heart of the suspension stem from Barclay’s representation of Matthew and Nicole Mennona, who filed for Chapter 7 bankruptcy relief.

So, what happened in the case? As reported by Reuters:

Barclay forged his clients’ signatures on their Chapter 7 petition, tried to get the bankruptcy case dismissed multiple times under “false assertions of fact,” and ignored a trustee’s discovery efforts, leading to his clients getting hit with a $2,783.50 sanction, McNamara found.

McNamara also cited a Sept. 9, 2021, email from Barclay to his clients about a letter that was intended to be sent to another lawyer. “If either of you have COVID or some other highly infectious, nasty disease — or if you know someone who does — please make sure they lick the envelope and handle it as much as possible,” Barclay said in the email.

Barclay initially responded to the allegation by invoking his 5th Amendment right and also making “qualified admissions.” That response was later withdrawn. Judge McNamara said Barclay “ultimately chose not to oppose anything. So be it; but the defendants definitely had their day in court.”

The Mennonas got new counsel and ultimately sued Barclay for malpractice. That lawsuit was settled for $150,000.

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Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. 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 or Mastodon @Kathryn1@mastodon.social.

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