Stern Sanction For Neglect
A six-month suspension has been imposed by the District of Columbia Court of Appeals, rejecting the attorney’s various contentions
First, although respondent contends that his rule violations were not established by the requisite clear and convincing evidence, Disciplinary Counsel in fact presented overwhelming proof of respondent‟s neglectful and incompetent representation of his personal injury client throughout the course of his multi-year engagement. Respondent‟s errors and omissions, as found by the Hearing Committee and detailed in its report appended to this opinion, included (but were not limited to) suing the wrong defendants; failing to amend the complaint to name the proper defendants after they became known to him; failing to conduct discovery or to investigate the accident; failing to prepare his client for his deposition; failing to take steps to preserve evidence; failing to request an extension of time to produce an essential expert‟s report; and repeatedly violating local court rules, required pretrial procedures, and court orders. As the Committee report also notes, the federal courts contemporaneously castigated respondent for neglecting the case and violating court orders and rules. Respondent‟s conduct exposed his client as well as himself to the threat of sanctions and ultimately led the district court to enter judgment for the defendants. Moreover, the Hearing Committee found respondent‟s explanations for his actions unworthy of credence. We are satisfied that the Committee readily could find that Disciplinary Counsel established respondent‟s Rule violations by clear and convincing evidence.
Respondent‟s second objection focuses on the Board‟s statement in its report that it “concurs with the Hearing Committee‟s factual findings as supported by substantial evidence in the record.” He argues that the Board, like the Hearing Committee, was required to find his Rule violations to have been proved by clear and convincing evidence. This is not correct, however…
Lastly, respondent claims the Board disregarded its procedures and violated Board Rule 7.16 (a) by failing to consider motions he filed to dismiss the charges and to strike expert witness testimony. The record does not support this claim. Rule 7.16 (a) required the Board to “rule on” respondent‟s motions “in its disposition in the case” after receiving the Hearing Committee‟s “proposed disposition” of the motions “and the reasons therefor.” D.C. Bar Rule XI, § 9 (c) allowed the Board to “adopt” the Hearing Committee‟s recommendation as its disposition. In its report to this court, that is how the Board complied with Rule 7.16 (a) – after acknowledging that respondent‟s motions were before it, the Board ruled on (and denied) them by expressly adopting (“incorporat[ing] by reference”) the Hearing Committee‟s entire report and recommendation.
The court ruled that the motions had no merit and concluded that a “stern sanction” was required.
Note that there is a more recent BPR report proposing a suspension of two years and fitness of the same attorney. (Mike Frisch)