Suspension For Former Government Attorney

The District of Columbia Court of Appeals has imposed a 30 day suspension with fitness for a former government attorney’s violation of the unauthorized communication with a represented person rule on two occasions and failure to respond to Disciplinary Counsel.

From the report and recommendation of the Board on Professional Responsibility

To summarize, Respondent represented the Transportation Security Administration (“TSA”) in matters where a person received a “Notice of Violation” for possessing illicit objects at an airport, such as a loaded firearm. See FF 2, 4-5, 9, 19. In the two matters here (Counts One and Two), each person was accused of possessing a loaded firearm at an airport and each had legal counsel. FF 9-10, 19, 22-23. In each of these two matters, Respondent communicated directly with each person (party). FF 15, 25. The Hearing Committee found that Respondent knew at the time of those communications that each was represented by counsel. Hearing Committee Report (“HC Rpt.”) at 16-17. A disciplinary complaint was subsequently filed (FF 28), and Disciplinary Counsel commenced an investigation. During the investigation, Respondent knowingly failed to respond reasonably to Disciplinary Counsel, and failed to comply with a Board Order. HC Rpt. at 18-21

(Mike Frisch)