Non-Cooperation Draws Proposed Fitness Requirement

A government attorney who violated the communication with a represented party on two occasions and failed to cooperate in the ensuing investigation should be suspended for 30 days and required to demonstrate fitness, according to a report and recommendation of a District of Columbia Hearing Committee

Respondent, Denise A. Daniels, is charged with violating Rule 4.2(a) (communication between lawyer and person known to be represented by counsel), Rule 8.1(b) (knowing failure to respond to Disciplinary Counsel), and Rule 8.4(d) (serious interference with the administration of justice) of the District of Columbia Rules of Professional Conduct (the “Rules”), as well as § 2(b)(3) of D.C. Bar Rule XI (failure to comply with Board Order). The charges arise from Respondent—while representing the Transportation Security Administration (“TSA”)— communicating with parties whom Respondent knew were represented by counsel, and Disciplinary Counsel’s investigation thereof. Disciplinary Counsel contends that Respondent committed all of the charged violations and should be suspended for 30 days, with fitness, as a sanction for her misconduct. Respondent did not participate in these proceedings.

As set forth below, the Hearing Committee finds that Disciplinary Counsel has proven each allegation by clear and convincing evidence and recommends that Respondent be suspended for 30 days, with fitness.

The committee focused on the failure to cooperate as a basis for the fitness requirement, which requires the attorney to petition for reinstatement and prove present fitness by clear and convincing evidence. (Mike Frisch)