A Charleston lawyer has been suspended from the State Bar for two years after he admitted snooping in another law firm's e-mails because he suspected his wife was having an affair with her client.

Over two years, Michael P. Markins repeatedly broke into the e-mail accounts of nine lawyers - including his wife's - who worked at Offutt Fisher and Nord, according to an opinion issued by the state Supreme Court.

Markins, who worked for Huddleston Bolen LLP at the time, also must be supervised for one year when he resumes practicing; finish 12 hours of continuing legal education in ethics; and pay more than $1,500 in court costs. The sanctions took effect June 23.

In its opinion, the court said because lawyers and their clients frequently communicate via e-mail, sanctions against Markins should deter other lawyers from similar misconduct.

The opinion also states that Markins' misconduct caused OFN "professional embarrassment" and made it the target of potential lawsuits. The firm had to report a security breach to its major clients because Markins not only viewed confidential personal and financial information intended only for OFN partners, but also confidential client information.

According to the opinion, Markins testified in disciplinary hearings that in the fall of 2003, he started accessing the e-mail account of his wife, Andrea N. Markins, without her knowledge. He thought she was cheating on him with an OFN client.

Markins had discovered that the password to the e-mail account of any OFN lawyer was the lawyer's last name, according to the opinion. He continued reading the e-mails of his wife and an OFN partner.

Markins testified that eventually, he started breaking into the e-mail accounts of other OFN lawyers "out of curiosity" and "almost on a daily basis," according to the opinion. He improperly accessed the accounts more than 150 times.

When an OFN lawyer suspected someone had improperly accessed her e-mail account, the firm hired a computer systems engineer to investigate.

A Charleston lawyer has been suspended from the State Bar for two years after he admitted snooping in another law firm's e-mails because he suspected his wife was having an affair with her client.

Over two years, Michael P. Markins repeatedly broke into the e-mail accounts of nine lawyers - including his wife's - who worked at Offutt Fisher and Nord, according to an opinion issued by the state Supreme Court.

Markins, who worked for Huddleston Bolen LLP at the time, also must be supervised for one year when he resumes practicing; finish 12 hours of continuing legal education in ethics; and pay more than $1,500 in court costs. The sanctions took effect June 23.

In its opinion, the court said because lawyers and their clients frequently communicate via e-mail, sanctions against Markins should deter other lawyers from similar misconduct.

The opinion also states that Markins' misconduct caused OFN "professional embarrassment" and made it the target of potential lawsuits. The firm had to report a security breach to its major clients because Markins not only viewed confidential personal and financial information intended only for OFN partners, but also confidential client information.

According to the opinion, Markins testified in disciplinary hearings that in the fall of 2003, he started accessing the e-mail account of his wife, Andrea N. Markins, without her knowledge. He thought she was cheating on him with an OFN client.

Markins had discovered that the password to the e-mail account of any OFN lawyer was the lawyer's last name, according to the opinion. He continued reading the e-mails of his wife and an OFN partner.

Markins testified that eventually, he started breaking into the e-mail accounts of other OFN lawyers "out of curiosity" and "almost on a daily basis," according to the opinion. He improperly accessed the accounts more than 150 times.

When an OFN lawyer suspected someone had improperly accessed her e-mail account, the firm hired a computer systems engineer to investigate.

The engineer determined that between November 2003 and March 2006, Markins had accessed OFN e-mail accounts from his office and home computers and from a Hampton Inn in Beckley, where he was monitoring a trial in which both Huddleston and OFN clients were being represented.

In March 2006, Andrea Markins, "who had been completely unaware of [her husband's] misconduct," told her husband that someone had been breaking into OFN accounts and that the firm was getting close to discovering who it was.

Soon after, Michael Markins confessed to his wife that he had broken into the accounts, according to the opinion. According to documents, the next day OFN partner D.C. Offutt confronted Andrea Markins about her husband's actions. She lied and said she didn't know anything about it.

Both the Markinses were eventually fired from their respective law firms.

While Michael Markins was reading the e-mails, his firm and OFN were representing clients on different sides of a mass litigation involving a flood.

Michael Markins consistently maintained that he never shared any information he gained from the e-mails, except to confront his wife about a sexually suggestive e-mail she had received from a client, the opinion states. The investigation found no evidence to suggest otherwise.

A psychologist who examined Markins submitted an affidavit that said Markins' misconduct was brought on by "significant emotional strain caused by concern for the integrity of his marriage." In the psychologist's opinion, Markins is unlikely to repeat his behavior in the future due to the embarrassment, remorse and family strain that he caused.

Lawyers Rachael L. Fletcher Cipoletti and Charles A. Jones III represented the Bar's Lawyer Disciplinary Board in front of the state Supreme Court. Markins was represented by lawyer Michael O. Callaghan.

Reach Alison Knezevich at alis...@wvgazette.com">alis...@wvgazette.com or 348-1240.