Matter of a Member of the Bar: Hurley

Summary

The Court independently reviewed the disciplinary record, upheld the Board’s conclusion that Hurley’s offensive communications violated Rule 4.4(a), and agreed that the private communications to opposing counsel were not shown to have prejudiced the administration of justice under Rule 8.4(d). The Court held that Hurley’s misconduct was knowing rather than merely negligent because prior warnings established that he should have known the communications violated the Rules, but it imposed the Board’s recommended public reprimand and related conditions. The Court accepted the Board’s report in part and rejected it in part.