Former Holland & Knight Attorney Reinstated
Summary reinstatement was recently ordered by the District of Columbia Court of Appeals in the case of a former Holland & Knight partner suspended in 2011
On consideration of Bar Counsel’s report regarding petitioner’s petition for reinstatement wherein Bar Counsel informs the court that Mr. Silva has demonstrated that he is fit to resume the practice of law subject to certain conditions, the petition for reinstatement, and it appearing that petitioner is eligible to file the petition for reinstatement, see In re Silva, 29 A.3d 924 (D.C. 2011), and it further appearing that Mr. Silva has agreed that his reinstatement be conditioned on his continued attendance at support group meetings and counseling for a period of five years and that he consent to his counselor submitting compliance or non-compliance reports to Bar Counsel and the Board on Professional Responsibility every six months…
Our earlier coverage
The attorney had joined a prominent law firm in 1994 and was made partner in 1995. His practice involved real estate. A firm client retained him to negotiate and prepare an easement relocation agreement between the client and adjacent land owners and others. The attorney started but never completed the work. Rather, he gave the client a forged and falsely notarized document and assured the client (also falsely) that it had been recorded. As a result, the client proceeded to a closing and entered into a construction contract. The attorney falsely advised that he had provided notice to interested parties.
The attorney for an adjacent landowner learned of the construction project and complained to the client. The client could not reach the attorney but contacted another firm partner, who confronted him. The attorney “admitted his actions and attributed them to stress, his use of cocaine and drinking.” The problem was cured “at a substantial cost to the law firm.” The client did not suffer material injury.
The firm immediately suspended the attorney and later terminated him. The attorney was advised that the firm would report him to Bar Counsel if he did not self-report. When he did not do so, the firm reported him. He responded to the bar complaint and “[m]ost of what he told Bar Counsel was false.” He lied about his ongoing cocaine abuse and treatment. He had dropped out of a treatment program by falsely claiming that his father had died. He postponed a meeting with Bar Counsel by falsely claiming that his fictitious nephew had been killed in a traffic accident.
The original suspension was for three years with a fitness requirement. Bar Counsel here conceded present fitness, which allowed the matter to proceed without a full hearing and review by the Board on Professional Responsibility. (Mike Frisch)