Should Have Withdrawn

A public reprimand was imposed on an attorney by agreement for failure to communicate with a difficult client who had a difficult civil case.

The Georgia Supreme Court noted

Moncus admits that he could have done more to communicate with the client about the predictable length and processes of litigation; to convey the potentially grave negative effects of failing to respond to discovery, to convince the client to defend the summary judgment motion, and to convey the  seriousness of the potential consequences of not responding. He admits that he should have made a greater effort to contact the client by phone or other available methods. Alternatively, Moncus states that, in hindsight, it would have been better to withdraw as the client’s counsel.

On the plus side

The State Bar does not dispute the facts regarding the misconduct and confirms that Moncus was fully and promptly cooperative and forthcoming to the Bar’s numerous inquiries, including an independent forensic examination of Moncus’s computer systems in light of the client’s belief that Moncus recently created some of the letters he said he had sent the client during the initial representation. The State Bar states that the interests of the public and the Bar would be served by accepting the petition and imposing a public reprimand.

In Georgia, the attorney must appear in court to be reprimanded. (Mike Frisch)