State v. Casby

When Peter Spedevick was arrested for speeding and littering, he falsely identified himself to the police as Ben Spedevick, the name of his brother. Once at jail, Peter called his lawyer, attorney Camelia J. Casby (defendant) to have him released. When Casby arrived at the jail, she signed Peter’s release documents. Next to her signature was Peter’s, except that he signed as Benjamin Spedevick. Upon Peter’s release, Casby gave Peter a ride home. During the ride, Peter said that he would handle the traffic tickets himself. Peter continued to represent himself as Ben. After Peter’s arraignment, Casby agreed to call the county attorney on Peter’s behalf. When Casby called the county attorney, she was greeted by the county attorney’s secretary. According to the secretary, Casby asked to discuss the “Ben Spedevick” case. Casby spoke to the county attorney and negotiated a resolution. Casby then drafted a letter summarizing the negotiations, in which she referred to Peter as Mr. Spedevick. Peter took the letter to the county attorney and pled guilty as Ben. Several weeks later, the county attorney called Casby to tell her that the real Ben Spedevick was in his office. Casby claimed that she found out about Ben’s existence a few weeks after she negotiated the deal with the county attorney. Casby was prosecuted for assisting or consenting to Peter’s fraud. The district court found Casby guilty of attorney misconduct. Casby appealed the conviction, arguing, among other things, that the attorney-client privilege precluded her from disclosing Peter’s real identity.