Legal Ethics

Lawyer admonished for using client data in job applicants' test

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A Massachusetts lawyer has been admonished for asking job applicants to submit writing samples based on real client matters being handled by his law firm.

The unnamed lawyer used a slightly modified writing sample in a client bankruptcy matter, according to the admonishment. Massachusetts does not reveal lawyer names in its admonishments, the Legal Profession Blog reports.

The lawyer, a new associate in the litigation department at a law firm, had mistakenly believed he was authorized to post a job ad for a law clerk position and to conduct interviews, according to the admonishment. He didn’t notify firm management about the interviews or the writing samples, and didn’t introduce the job candidates to anyone at the firm.

When the lawyer asked the job candidates for the writing samples, he provided them with documents from client files without first obtaining client consent. The firm later reimbursed the job applicants for the time they spent on the writing assignments.

The lawyer improperly disclosed client confidential information, the admonishment says.

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