In re Bridge

In re Bridge  (98-465); 168 Vt. 633; 724 A.2d 462

[Filed 10-Dec-1998]

                                 ENTRY ORDER

                       SUPREME COURT DOCKET NO. 98-465

                             NOVEMBER TERM, 1998


       In re Adam E. Bridge, Esq.	}	Original Jurisdiction
                                        }
                                        }
                                 	}	Professional Conduct Board
                                	}	
                                	}
                                	}	DOCKET NO. 97.01	


       In the above-entitled cause, the Clerk will enter:

       Pursuant to the recommendation of the Professional Conduct Board filed
  October 9, 1998, and approval thereof, it is hereby ordered that Adam E.
  Bridge, Esq. be publicly reprimanded for the reasons set forth in the
  Board's report attached hereto for publication as part of the order of this
  Court.  A.O. 9, Rule 8E.




       	BY THE COURT:



       	John A. Dooley
  	_______________________________________
  	John A. Dooley, Associate Justice

  	James L. Morse
        _______________________________________
  	James L. Morse, Associate Justice

  	Denise R. Johnson
  	_______________________________________
  	Denise R. Johnson, Associate Justice

       	Marilyn S. Skoglund
  	_______________________________________
  	Marilyn S. Skoglund, Associate Justice


-------------------------------------------------------------------------------
129.PCB

[9-Oct-1998]


                             STATE OF VERMONT
                        PROFESSIONAL CONDUCT BOARD

In re:	Adam Bridge, Esq. - Respondent
	PCB Docket No. 97.01
	
                     FINAL REPORT TO THE SUPREME COURT

                             Decision No.  129

       This matter was submitted to us by stipulated facts which we accept
  and adopt as our own by reference.  We have considered the oral arguments
  and the written memorandum of law submitted by each party.  Based upon all
  of the information so presented, we conclude that Respondent violated DR
  7-102(A)(5) by knowingly making false statements of fact to a court.

       This is not minor misconduct, and we are therefore compelled to
  recommend to the Court that a public sanction be imposed.  However, because
  of Respondent's exemplary conduct after making the false statement, we are
  persuaded that no sanction greater than a public reprimand should be
  imposed.

       The facts which bring us to this conclusion are briefly summarized
  here.

       Respondent was admitted to the Vermont Bar in 1989.  In June of 1996,
  while riding in a car driven by his close personal friend, the car was
  stopped by the police.  Respondent's friend was cited for driving under the
  influence of alcohol.  She was directed to appear at district court to be
  arraigned on this charge.

       In an effort to be supportive, Respondent accompanied her to the
  arraignment.  At this time, Respondent was employed as an assistant
  attorney general, assigned to one of the departments located in Waterbury,
  and had been so employed for nearly two years.  When the case was called,
  Respondent went to the defense table with his friend, introduced himself,
  and asked permission to represent her at the arraignment.

       Assistant attorneys general, in light of their public employment, are
  not allowed to represent private clients unless the Attorney General gives
  permission in a particular case.  The presiding judge inquired as to how it
  was that an assistant attorney general was representing a private client. 
  Respondent explained that private representation was not allowed unless the
  Attorney General gave his permission for such representation in a
  particular  case.  Respondent then stated that his appearance in the
  instant case had been discussed in the office, implying that he had been
  granted permission to make the appearance.

       This was not true.  Respondent had not requested or been given
  permission to represent his friend.  He nevertheless, allowed the court to
  believe that he had received such permission and did not correct the
  misrepresentation.  Although not premeditated, the misrepresentation to the
  court was done knowingly and intentionally.

       Upon further inquiry, the court determined that Respondent had been a
  passenger in the car and thus a potential witness in the case.  The judge
  suggested to Respondent that in such circumstances he might not want to
  proceed as counsel.  Respondent agreed and took no further part in the
  arraignment.

       Later that day, Respondent informed his immediate supervisor of what
  he had done.  The Attorney General was informed.  He demanded and received
  Respondent's resignation that day.  Also on that day, Respondent telephoned
  the presiding judge, confessed to the misrepresentation, and apologized for
  his misconduct.  Within the week, Respondent sent a letter to this Board
  reporting his misconduct.

       We conclude, as stipulated by the parties, that Respondent violated DR
  7-102(A)(5).  We are also persuaded by the ABA Standards for Imposing
  Lawyer Discipline, the dictates of Administrative Order 9, and the
  precedent of the decision in In re Lancaster, Docket No. 94.60 (June 29,
  1997) that imposition of a public reprimand is required here.  It is
  serious misconduct to make a knowing misrepresentation to the court,
  regardless of the motive for doing so. A private admonition, which
  Respondent hoped for here, is not possible in such a situation.  A.O. 9,
  Rule 7(A)(5)(b).

       The many mitigating circumstances present here compel us to conclude
  that no greater sanction than a reprimand is required. What apparently
  began as a gallant effort to provide protection and support to a loved one 
  deteriorated into professional misconduct with severe professional,
  personal and financial repercussions.  Respondent lost his job and lost
  financing on a house he had intended to buy.  He eventually left the state
  of Vermont and is no longer practicing law.  Respondent found his ethical
  lapse to be humiliating.  He has no history of any other ethical
  complaints.  He appears to be a good attorney who exercised bad judgment in
  an isolated instance.

       Ironically, everything Respondent did after his misrepresentation to
  the court was admirable.  He immediately confessed his error to his
  employer, to the judge, and the profession by reporting himself promptly to
  bar counsel.  He cooperated fully with bar counsel and has endured a
  lengthy time for this matter to be finally resolved.  He sincerely regrets
  this mistake.  There is no reason to believe that this misconduct will ever
  be repeated.

       Accordingly, we recommend that a reprimand be imposed.

       Dated at Montpelier, Vermont this    9th       day of October, 1998.
  	



                         PROFESSIONAL CONDUCT BOARD


                         Robert P. Keiner
                         ____________________________ 
                         Robert P. Keiner, Esq. Chair

         Steven A. Adler	John Barbour
  ___________________________	____________________________
  Steven A. Adler, Esq.	        John Barbour 		

           Charles Cummings	Paul S. Ferber
  ___________________________	____________________________
  Charles Cummings, Esq.	Paul S. Ferber, Esq.	
  	                        
                                Nancy Foster
  ___________________________	____________________________
  Michael Filipiak	        Nancy Foster

           Barry E. Griffith	Robert F. O'Neill
  ___________________________	____________________________
  Barry E. Griffith, Esq.	Robert F. O'Neill, Esq.

       	                        Alan S. Rome
  ___________________________	____________________________
  Jessica Porter, Esq.	        Alan S. Rome, Esq.

       	                        Ruth Stokes
  ___________________________	____________________________
  Mark L. Sperry, Esq.	        Ruth Stokes

            Jane Woodruff	Toby Young
  ___________________________	__________________________
  Jane Woodruff, Esq.	        Toby Young