“Papable Disdain” Leads To Ultimate Sanction

The District of Columbia Court of Appeals has disbarred an attorney based on multiple findings of ethical misconduct

This appeal involves three separate disciplinary matters that were consolidated after two Hearing Committees found several rule violations. In the first matter, Mr. Barber was accused of violating Rule of Professional Conduct 3.1 (asserting and pursuing frivolous claims) and Rule 8.4 (d) (seriously interfering with the administration of justice) for his actions in pro se litigation with his residential landlord. The Board found that Mr. Barber filed several “groundless and repetitive pleadings and appeals, which were intended to increase his opponent‟s fees, and had that effect.” When those appeals reached our court, we called his claims “frivolous” and stated that “[w]e do not believe that appellant reasonably could have entertained the faintest hope of prevailing on the merits of this appeal” and that “the trial court characterized the argument he presents on appeal as „crazy.‟” Mr. Barber was subsequently sanctioned by the trial court, but he never paid the roughly $87,000 of legal fees incurred by his landlord.

In the second matter, Mr. Barber was accused of violating fourteen Rules of Professional Conduct—thirteen that were sustained by the Board—during his representation of three clients in litigation against their landlord, Tenacity Group, LLC. Several charges arose from statements Mr. Barber made and actions he took while attempting to collect his legal fees from his clients and from Tenacity directly. These included misrepresentations to an arbitrator that the fee was not in fact contingent; statements breaching the settlement agreement, which resulted in his clients losing their valuable settlement; threats to report counsel for Tenacity to the bar if counsel did not pay him; and “[l]aunch[ing] a [l]itigation [b]arrage [a]gainst Tenacity” that one trial judge called “highly disturbing” and “baseless.” In addition, Mr. Barber was found to have failed to communicate with a client regarding the client‟s appeal and to have used an improper trade name.

The third matter against Mr. Barber consisted of allegations of misconduct during Bar Counsel‟s investigation—primarily false statements. Mr. Barber was also cited for his “palpable disdain” and failure to adhere to Hearing Committee orders during the formal disciplinary proceedings.

The court rejected the attorney’s claim that his Fifth Amendment rights were violated when Bar Counsel called him as a witness

Unlike in a criminal trial, however, Mr. Barber did not have a Fifth Amendment right to decline to take the witness stand. He instead was free to invoke his Fifth Amendment right on a question-by-question basis if, in responding to a question, Mr. Barber would be providing evidence that could be used to convict him of a crime.

A host of other procedural and substantive objections were also found insufficient to avoid disbarment. (Mike Frisch)