Lawyer Suspended for Faking Profile of Woman Acquaintance on Lesbian Dating Site

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published July 24, 2013

By Author - LawCrossing

Last week, a Staten Island lawyer, James O'Hare was suspended from law practice for a period of one year by the New York Appellate Division, Second Judicial Department. The lawyer was accused of creating a fake profile on an internet dating site for lesbians, by impersonating a former woman acquaintance, who is the mother of three children.

O'Hare admitted his mistakes and expressed that he was ashamed of his behavior.

However, he argued that suspending his license to practice law was not justified because the woman he had impersonated was not a client and had suffered no bodily or financial harm.

Further, a psychotherapist testified on behalf of O'Hare that he suffered from an adjustment disorder, though he has gained insight into his behavior and there was little likelihood of recurrence.

United States
The Second Judicial Department observed, "The underlying facts, which are undisputed, are as follows: the respondent, using the internet, went to a dating site for lesbians and created a sham posting by impersonating a woman whom he knew years ago; he used both his home and work computers for this activity. The respondent was aware that the sham posting would likely cause embarrassment to the woman who was a mother of three."

Observing that the respondent had no previous disciplinary history, and that he had served in the United States Army Reserves and in active military service for 28 years, earning seven awards for meritorious service, the Second Judicial Department concluded, "Notwithstanding the aforementioned mitigating circumstances, we note that the respondent's conduct was highly inappropriate and adversely reflects on the legal profession."

Since earlier, in a criminal case on the same matter, O'Hare had pleaded guilty to attempted aggravated harassment and was sentenced to a one-year conditional discharge, the Second Judicial Department ordered that he be suspended from practice of law "for a period of one year, with credit for the time elapsed under the interim order of suspension … with leave to apply for reinstatement immediately upon furnishing satisfactory proof that during the said period" he had followed the conditions of conduct imposed upon him.
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