fringe: Moonlighting Dishonest?

[security curmudgeon <jericho () attrition org>]

http://lawprofessors.typepad.com/legal_profession/2009/02/an-illinois-h-2.html

An Illinois Hearing Board has recommended a four-month suspension based on 
findings of dishonesty by an attorney who "moonlighted" while employed by 
a firm. The charges arose from circumstances described in the board's 
report:

[..]

     In early May 2005, Respondent gave notice to Holland & Knight of his 
intent to terminate his employment with the firm on May 13, 2005. 
Respondent was informed of the approval procedure necessary to obtain a 
copy of his computer documents. On May 13, 2005, Respondent caused over 
400 documents to be exported from Respondent's computer at Holland & 
Knight to his personal computer at his residence. Respondent did not seek 
approval or otherwise comply with Holland & Knight's procedures for 
removing electronic copies of the documents.

The board majority found that the accused lawyer had breached fiduciary 
obligations in some but not all charged respects. The moonlighting was not 
dishonest:

     We do not find Respondent breached his fiduciary duty to Holland & 
Knight by preparing individual tax returns for his moonlighting clients 
because the preparation of tax returns is primarily an accounting function 
and the evidence presented showed Holland & Knight did not provide that 
type of service to its clients.

[..]
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