From Disciplinary Judge To Respondent Attorney

An attorney who had served as a hearing committee member in the District of Columbia bar disciplinary system now faces a possible six-month suspension as recommended by an Ad Hoc Hearing Committee for his mishandling of a personal injury matter that involved a skiing accident.

 The committee found that he had conducted no meaningful pre-suit investigation, failed to preserve evidence, mishandled the case and falsely told the client he had hired an investigator.

We see no reason—and Respondent did not give one—why a lawyer would not keep copies of an investigator’s reports in the client’s file. The absence of any documentary evidence of the investigator’s retention or any reports, and Respondent’s professed inability to recall the investigator’s name, persuades us that no investigator was retained. Moreover, Respondent’s demeanor during this part of his testimony, as it was at several points during examination by Bar Counsel, was dismissive, if not belligerent. We find that his testimony on this subject was deliberately false, which further confirms our finding that he failed to make adequate efforts to obtain evidence that might have supported his client’s claims.

The committee rejected mitigation evidence relating to a broken arm suffered by the attorney

We find that although Respondent suffered health problems as a result of his March 2004 accident, his testimony that he was unable to complete any work on the case until December 2005 was not credible. Neither of his medical providers testified to any cognitive impairment, and neither advised Respondent to stop practicing law as a result of his physical condition. His physical limitations did not prevent him from appearing in court on nine occasions in 2004. While we do not doubt that Respondent’s injuries were severe, the evidence shows that Respondent continued to practice despite the injury. We accordingly reject his claim that his health problems prevented him from representing his client at the level the rules require. In addition, had respondent’s injury truly prevented him from representing his client at the level the rules require, Respondent was obliged to seek substitute counsel for his client and transfer responsibility for the matter to him or her. As noted above, Respondent failed to do this, in defiance of an explicit order by the court.

As to sanction

We recognize that six months’ suspension is at the higher range of sanctions in similar cases. We find that it is justified by Respondent’s refusal to accept any responsibility for his actions. His failure to acknowledge any wrongdoing, his evasiveness and at times, belligerence and his dishonest testimony are significant aggravating factors that warrant a lengthy suspension.

The case is In re Nathaniel H. Speights. ( Mike Frisch)