Legal Ethics

Lawyers disqualified from suit after claims they schemed with client to make secret sex video

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A Georgia judge has disqualified two lawyers who represented a woman accused of secretly making a video of her sexual encounter with the chairman of Waffle House—with the lawyers’ encouragement.

Judge Robert Leonard II of Cobb County disqualified lawyers David Cohen and John Butters earlier this month, according to the Fulton County Daily Report (sub. req.). Waffle House chairman Joe Rogers Jr. claims in a suit that his privacy was invaded when his former housekeeper and personal assistant, Mye Brindle, recorded the sexual encounter with the aim of using it in a sexual harassment suit against Rogers.

Brindle and the lawyers are all defendants in Rogers’ suit. Leonard said the lawyers and Brindle have conflicting interests and may at some point be “pointing fingers at each other as to who advised who to make the video recording,” according to the Daily Report story.

A private investigator gave Brindle the camera to record the encounter. Brindle has testified that both lawyers were at the meeting with the investigator, while Cohen has said that he sent Brindle to “see an expert,” Leonard said in his order disqualifying the lawyers. Leonard has previously said the recorded sex did not appear to be coerced.

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