Joseph P. Reilly

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COMPLAINT Joseph P. Reilly filed a complaint against Gwynne G. Zisko, Esq., on or about April 8, 2016. Reilly asserts that Zisko violated the Rules of Professional Conduct by serving a subpoena on his employer, the Plymouth County Sheriff’s Department. The details of the case relating to the subpoena will be discussed further on in this report. Within the complaint, Reilly alleges that Zisko has violated Mass.R.Prof.C. 3.4, as well as 4.4. FACTS The facts surrounding this case were obtained from both Reilly, and Zisko. It should be noted that Reilly failed to explain in his complaint how he was connected to the probate matter for which Zisko subpoenaed his employment records. The underlying matter that this complaint is related to is the “post-divorce case Elaine C. Menice vs. Jeffrey L. Menice, Plymouth Probate & Family Court Docket No. PL11D2044JP.” On June 19, 2014, Zisko assisted her client, Jeffrey L. Menice in filing a Complaint for Modification. In reference to the Complaint for Modification, Reilly asserts that on or about September 14, 2015, Zisko served a subpoena on the Plymouth County Sheriff’s Department which was “frivolous and made in bad faith.” The subpoena, which Reilly provided with his complaint, demands “any and all employment records of your employee, JOSEPH …show more content…

Zisko asserts that Reilly failed to mention to bar counsel that he is currently married to Elaine Menice, therefore due to the nature of their relationship she did have a right to obtain the requested records from the Sheriff’s Department. The post-divorce matter was in reference to child support, and was resolved shortly after the subpoena was issued. As a result of the matter being resolved Zisko didn’t obtain a court order to further pursue Reilly’s employment records. Zisko’s response will be discussed in more detail further on in this

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