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Ethics
Accusation that naked ‘idiot’ lawyer injured Phish fan while rushing stage leads to legal discipline for writer
A Colorado lawyer’s “demeaning and unprofessional language” and threats of disclosure in a demand letter seeking $50,000 for her client’s injuries at a Phish concert have led to a public censure. (Image from Shutterstock)
A Colorado lawyer’s “demeaning and unprofessional language” and threats of disclosure in a demand letter seeking $50,000 for her client’s injuries at a Phish concert have led to a public censure.
Lawyer Sarah Jay Schielke of Colorado received the public censure for her demand letter to another lawyer who is identified as V.D. in a Jan. 25 stipulation to discipline.
Law360 covered the case, while the Legal Profession Blog published parts of the Jan. 26 opinion imposing censure and a KDVR report on her successes as a civil rights lawyer.
Schielke’s letter alleged that V.D. rushed the Phish stage, while naked, at a February 2022 concert in Mexico. Schielke claimed that her client, who was a close friend, was injured when the naked lawyer pushed her while on his way to the stage. The client had previously had spinal surgery.
In the letter, Schielke called V.D. a “violent psychopath,” “a violent a- -hole,” “an idiot,” “obnoxious,” “stupid,” “a shameless, ridiculous boasting s- – -,” “a terrible f- – -ing attorney” and “a disgrace to the Colorado Bar, the Phish community and [his] family.”
Schielke sought $50,000 for her client plus an agreement to never touch or contact her again and to stand at least 25 feet away from her at future Phish concerts. In exchange, the letter said, Schielke’s client would not sue over the incident and would not disclose it to the lawyer’s employer and his undergraduate university.
If the lawyer did not agree to the proposal, Schielke wrote, she would file lawsuits in the United States and Mexico, issue a press release, report the incident to police, and release an unredacted video said to show the lawyer interacting with security at the concert.
The opinion by the presiding disciplinary judge of the Colorado Supreme Court said Schielke’s conduct violated two disciplinary rules. One says a lawyer representing a client can’t use means that have no substantial purpose other than to embarrass, delay or burden a third person. The other says a lawyer can’t threaten criminal, administrative or disciplinary charges to obtain an advantage in a civil matter.
Schielke had no prior discipline, and she cooperated in the disciplinary proceedings.
Schielke forwarded this statement to the ABA Journal, which was also provided to Law360:
“This guy decided to strip naked and violently stampede through a peaceful crowd at a beach concert. In so doing, he injured and traumatized someone I love and care about. Then, using his actual name, he went online and bragged about it, in multiple public forums, causing my friend even more distress. It was a lot.
“I stand by everything I said about the guy, but I recognize that none of that content should have been included in a demand letter from an attorney. I lost my objectivity, and that was a mistake. Lesson learned. When you’re close to the client and emotions are high, the better way to help a best friend is to just refer the case out.”
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