Reprimanded And Cautioned

An Arkansas attorney was reprimanded and cautioned (both in the same order) for misconduct in connection with a divorce (the reprimand) and an untimely response to the bar investigation (the caution). The putative client never met with the lawyer; she dealt only with the lawyer’s (now departed) assistant. The assistant took a combination of cash and check in payment. The lawyer got the check but did not cash it and marked it “returned as void.” The lawyer directed the assistant to advise the client that she would not represent her. The client was apparently not told that the lawyer would not pursue the case. Rather, the client sought and was unable to contact the attorney by phone. Her letter to the lawyer was returned as unclaimed.

Eventually, the assistant filed the case and attempted to arrange service of process. The client eventually complained, leading to findings that the lawyer had failed to pursue the case, communicate with the client, supervise the assistant and to prevent unauthorized practice, dishonesty in allowing the assistant to file court pleadings and conduct prejudicial to the administration of justice. Arkansas (like many state bar disciplinary systems) also imposes costs as part of the bar discipline. (Mike Frisch)