In 2005, James Patrick Moroney’s license to practice law was reinstated. In 2017, two complaints were filed with the chief disciplinary counsel alleging Moroney disclosed confidential information regarding two of his former clients when he was being deposed. One of the complaints also alleged Moroney threatened to disclose confidential information regarding a client unless the client agreed to dismiss the client’s malpractice action and disciplinary complaint against Moroney. During the disciplinary proceedings, Moroney argued the information could be disclosed because third parties were present during those conversations with his clients. He also stated he believed the crime/fraud exception to attorney-client privilege applied to some of the information he disclosed during the deposition. As to the threat of exposing confidential information, Moroney e-mailed a settlement proposal to the attorney representing his former client in the malpractice action and stated that any written response he would have to provide in response to the disciplinary complaint would “raise issues troublesome to” his former client in a federal lawsuit and “would present issues as to [the former client]’s pilot license.” The disciplinary hearing panel found the chief disciplinary counsel failed to meet his burden of establishing that Moroney’s conduct violated rules regarding competency and confidentiality. But the panel did find Moroney committed professional misconduct by sending the e-mail conditioning settlement upon dismissal of a disciplinary complaint. The panel recommended Moroney’s license be suspended indefinitely with no leave to apply for reinstatement for six months. Moroney rejected the panel’s recommendation, arguing an admonishment is more appropriate. The chief disciplinary counsel asks this Court to suspend Moroney’s license in accord with the panel recommendation.
This case presents two questions for this Court – whether Moroney violated rules of professional conduct and, if so, what discipline, if any, is appropriate.