Lawyer Accused of Eavesdropping on Attorney-Client Chat Seeks Sanctions
Lawyers for a New York school district are seeking sanctions against a lawyer who claims in a lawsuit that the district’s lawyer apparently listened in on her private conversation with a client in a school conference room.
Lawyer Susan Burgess of Brockport claims that Buffalo lawyer Jay Pletcher must have dialed school district offices before leaving his cell phone on the conference table during the private conversation, the Fairport-ER Post reports. She contends he must have listened to the conversation with a school official in nearby offices.
In arguments Thursday before U.S. District Judge Charles Siragusa of Rochester, Burgess said there was “no smoking gun” but plenty of unusual circumstances to indicate eavesdropping, the story says.
Burgess claims Pletcher snatched the phone when she later asked him about the device, and the school official he represented seemed to anticipate the questions she had on behalf of her client, who wanted to discuss the educational needs of her son. Burgess also said the client had discussed her $20 bargain outfit during their private conversation, and Pletcher and the school official seemed to scrutinize the client’s garb when they re-entered the room.
The judge said phone records show no call was made on Pletcher’s phone at the time in question; Burgess claims another phone could have been used. Defense lawyers say the judge also has phone records of the school official and the school district building.
“Whose records do you want?” Siragusa asked. “Should we go through everyone in the district? How would you ever be satisfied?”
Pletcher and the school district maintain Burgess’ suit is frivolous.
