In the Matter of Anonymous

Attorney Anonymous (defendant), a labor-law specialist at a firm representing a company in grievance proceedings against a union, met with the union trustee — a key witness the company had discharged after believing he'd provided information adverse to the union — to discuss a potential wrongful-discharge suit against the union. The firm opened a case file for the trustee, and Anonymous met with him multiple times, discussed a contingency-fee arrangement, told him he had a strong case, and received at least five letters from him that were kept in his client file at the firm — though Anonymous and the trustee never signed a formal engagement agreement. Anonymous later filed suit on behalf of the company against the trustee and others. A disciplinary hearing found Anonymous had formed an attorney-client relationship with the trustee and violated conflict-of-interest rules by later representing an adverse party in the same matter without consent, recommending a private reprimand; both parties appealed.