Lawyer Accused of Ethics Violation for Illegally Accessing Ex-Employee’s Personal Emails

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A Connecticut lawyer, Emanuele Robert Cicchiello of Hartford, has been accused of violating computer laws regarding unauthorized access to a computer system in an ethics presentment. An ethics presentment requests the superior court to decide whether to discipline a lawyer. The presentment, filed on January 13th, states that Cicchiello instructed his network administrator to access the office computer of departing lawyer Alexander J. Sarris in February 2021 to find his communications with his new law firm. The network administrator reportedly retrieved, copied, and downloaded personal emails from Sarris’ Gmail account, which were then downloaded onto the server of Cicchiello’s law firm, Cicchiello & Cicchiello.

The presentment alleges that this action violates a rule that bars attorneys from committing criminal acts that adversely affect their honesty, trustworthiness, or fitness as a lawyer. In addition, Cicchiello is also accused of trying to prevent Sarris’ new firm from reaching out to clients. A lawyer from Sarris’ new firm, AnnMarie C. Rocco, had contacted Cicchiello to see if he wanted to send a joint letter to Sarris’ clients, notifying them of their right to keep their cases with Cicchiello’s firm, transfer the cases to Sarris, or transfer them elsewhere. Cicchiello responded with an email declaring that the clients belonged to his firm and threatened to sue Rocco’s firm and Sarris personally if they proceeded with their plan.

Cicchiello also filed an ex parte application for a restraining order, but Rocco had already sent the letter to clients before it was granted. The presentment also states that Cicchiello advised a departing client who obtained his file that Cicchiello & Cicchiello could attend an upcoming hearing to try to reach a settlement or tell the judge that the client wanted the matter continued until a court ruled on the dispute between Sarris’ new firm and Cicchiello & Cicchiello.

  

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Cicchiello has no prior history of discipline and has admitted to violating an ethics rule that bars threatening criminal charges to gain an advantage in a civil matter. He has consented to submit this matter to the superior court. Still, he has denied other allegations while acknowledging that the disciplinary counsel will pursue other alleged misconduct before the superior court. When asked for comment, Cicchiello declined to speak on the matter.

In conclusion, the ethics presentment against Cicchiello alleges that he violated computer laws and ethics rules and attempted to prevent Sarris’ new firm from reaching out to clients. The presentment has been submitted to the superior court, and Cicchiello has admitted to violating one ethics rule while denying other allegations. The outcome of the case is yet to be determined.

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Lawyer faces ethics charges after his IT person accesses exiting employee’s personal emails