In Re Anonymous

Local counsel (Local Counsel) assisted a client (Client) (plaintiff) and her attorney in a Title VII retaliatory-firing action against the client’s employer (Employer) (defendant). In the fee agreement with Client’s attorney, Client agreed to pay attorney’s fees, expenses, and court costs. Local Counsel advanced most of Client’s expenses. At trial, Client prevailed, and the jury awarded her a substantial verdict, which was reduced pursuant to Title VII’s statutory cap. Client and Employer appealed to the Fourth Circuit, and a mediation conference was held before the circuit mediator (mediator). Client, Local Counsel, Client’s current counsel (Current Counsel) (who did not represent Client at the mediation), Employer, and Employer’s counsel attended the conference. All agreed to the confidentiality provision of Fourth Circuit Rule 33. A settlement was reached, but before dismissal, a dispute over expenses arose. Client and Local Counsel agreed to Virginia State Bar (VSB) arbitration. Both Current Counsel and Local Counsel submitted documents containing information from the mediation conference and settlement agreement. However, the mediator refused to consent to disclosures without the court’s permission, and Local Counsel attempted to solicit information from the mediator through interrogatories. The Standing Panel on Attorney Discipline ordered Client, Local Counsel, and Current Counsel to explain the propriety of disclosing the information contrary to Rule 33’s confidentiality provision.