Opinion
No. 8 DB 2016 File No. C2-15-493 File No. C2-15-560
04-14-2016
OFFICE OF DISCIPLINARY COUNSEL Petitioner v. CHRISTIAN V. BADALI Respondent
Attorney Registration No. 78389 (Montgomery County) PUBLIC REPRIMAND
Christian V. Badali, you stand before the Disciplinary Board, your professional peers and members of the public for the imposition of a Public Reprimand. It is an unpleasant task to publicly reprimand one who has been granted the privilege of membership in the bar of this Commonwealth. Yet as repugnant as this task may be, it has been deemed necessary that you receive this public discipline.
Mr. Badali, you are being reprimanded today in connection with your representation of [Name Redacted] in a domestic relations matter. You represented [Name Redacted] from approximately August 2012 until January 2015. The representation ceased because [Name Redacted] ex-husband complained to your law firm about the nature of the relationship between you and [Name Redacted]. You informed your partners that a sexual relationship with [Name Redacted] began and ended prior to the formation of the attorney-client relationship. Nonetheless, the firm removed you from the representation, reassigned the case and began reviewing the file and the bills. In June 2015, through your counsel, you self-reported to the Office of Disciplinary Counsel that you had sex with your client and then lied to members of your law firm about the relationship. You acknowledged your lie to the law firm when confronted with copies of text messages between you and your client that leave absolutely no doubt that a sexual relationship existed between you during the course of the representation. There is no evidence to show that the sexual relationship began and ended prior to the representation.
Your conduct in this matter has violated the following Rules of Professional Conduct:
1. RPC 1.8(j) - A lawyer shall not have sexual relations with a client unless a consensual relationship existed between them when the client-lawyer relationship commenced.
2. RPC 1.7(a)(2) - A lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if there is a significant risk that the representation of one or more clients will be materially limited by the personal interest of the lawyer.
3. RPC 8.4(c) - It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation.
4. RPC 8.1(a) - A lawyer in connection with a disciplinary matter shall not knowingly make a false statement of material fact.
We note that you have been admitted since 1996 and have never been the subject of professional discipline in any other matters.
Mr. Badali, your conduct in this matter is now fully public. This Public Reprimand is a matter of public record.
As you stand before the Board today, we remind you that you have a continuing obligation to abide by the Rules of Professional Conduct and Rules of Disciplinary Enforcement. This Public Reprimand is proof that Pennsylvania lawyers will not be permitted to engage in conduct that falls below professional standards. Be mindful that any future dereliction will subject you to disciplinary action.
This Public Reprimand shall be posted on the Disciplinary Board's website at www.padisciplinarvboard.org.
/s/_________
Designated Member
The Disciplinary Board of the
Supreme Court of Pennsylvania Administered by a designated panel of three Members of The Disciplinary Board of the Supreme Court of Pennsylvania, at Philadelphia, Pennsylvania, on April 14, 2016.
ACKNOWLEDGMENT
The undersigned, Respondent in the above proceeding, herewith acknowledges that the above Public Reprimand was administered in his presence and in the presence of the designated panel of The Disciplinary Board at 1601 Market Street, Suite 3320, Philadelphia, Pennsylvania, on April 14, 2016.
/s/_________
Christian V. Badali