Lawyer suspended over accusations of sexting clients, telling one she could 'ride bareback' with him
Updated: A North Carolina lawyer has been suspended for five years based on accusations that he sexted three clients with nude photos of himself and had sex with one of them at his office.
The lawyer, Christopher Rahilly, was suspended by the Disciplinary Hearing Commission of the North Carolina State Bar. The Legal Profession Blog noted the Oct. 27 order (PDF).
The order identifies Rahilly as a former law firm associate when he sexted one of the clients. Online references, including an Internet archive, indicate he was once a lawyer for the Twiford Law Firm at its Elizabeth City office. The law firm was recently in the news when a Virginia man lit his pickup truck on fire and drove it through the law firm’s office in Moyock.
Rahilly primarily represented clients in domestic cases, including divorce, child custody and adoption, according to the findings of fact. The photographs he sent to clients included “full-length nudes and graphic pictures of his erect penis,” the commission found.
The opinion has more details of the sexts sent to “Client B,” whom he represented in a custody case and in connection with a domestic violence protection matter. According to the findings of fact, Rahilly’s texts to the client included:
• A recommendation that she should “do some yoga” because she would “need to be flexible.”
• Described a sexual dream involving Client B, himself and a third man.
• Advised Client B that he had had a vasectomy so she could “ride bareback” with him if she came to his office for sex.
The opinion says Rahilly had sex with Client B at his office after the riding bareback overture, and he continued to represent her in the custody case.
Rahilly was an associate when he sexted Client C and wrote off about $4,500 in legal fees due his firm without authorization, according to the findings of fact.
Rahilly had maintained he never sexted any clients until the representation concluded and said he never had physical contact with Clients A, B, or C, the order says. The hearing commission said Rahilly knew those statements were false.
Rahilly’s inappropriate sexual behavior was with clients who were particularly vulnerable because they were relying on him in child custody proceedings, the order said. A psychologist indicated a breakup with a girlfriend may have contributed to Rahilly’s behavior.
Rahilly did not immediately respond to messages seeking comment.
John Morrison of the Twiford Law Firm tells the ABA Journal that the incident involving the man who drove a flaming truck through the law firm was “totally unrelated” to Rahilly’s case.
Morrison said the law firm first learned of an allegation against Rahilly from a lawyer who had referred a client to the law firm. The client said she did not want to be represented by Rahilly and explained why, the referring lawyer said.
Morrison said the Twiford Law Firm heard from the lawyer on a Thursday in August 2013, pulled the file on the case, and quickly began an investigation. The next morning Twiford lawyers spoke with Rahilly and concluded that an ethical violation had taken place, Morrison said. Rahilly was fired and the matter was reported to the state bar the same day, according to Morrison, who estimates that Rahilly worked at the firm for 2½ to 3 years.
During the course of the investigation, the law firm learned that Rahilly had asked the bookkeeper to write off the $4,500 bill for the complaining client, Morrison said.
Meanwhile, the Twiford Law Firm has been busy dealing with the aftermath of the flaming truck incident. Morrison said the Twiford Law Firm’s building in Moyock was destroyed, and its lawyers have been busy reconstructing files and accounting for lost property in negotiations with its insurer. He advises lawyers dealing with the destruction of an office to hire a public adjuster to help with insurance company negotiations. The firm is following a protocol by the North Carolina bar for practicing law with lost files.
Morrison said most documents were backed up on computer, but there was some paperwork that had not been scanned in. “But we’re fortunate,” he said. “There is a major inconvenience, an extreme irritant, but it’s not a catastrophe. No one was harmed, except of course the driver of the vehicle,” who died in the crash. Morrison said the man apparently suffered from mental illness and was not a client.
Updated at 2:30 p.m. to include comments from Morrison.
