The Proof Is In The Tweets

The District of Columbia Court of Appeals has imposed a 60-day suspension with fitness for an attorney’s violation of federal court orders and failure to cooperate with the Disciplinary Counsel investigation.

From the Hearing Committee report

Respondent violated both local rules and court orders. Her serving a subpoena on WMATA while the stay order was in effect was inexcusable. She also chose not to act after WMATA’s counsel requested that Respondent withdraw her subpoena voluntarily because the litigation was stayed. DCX 18 at 0179; Tr. 65-66 (Trebach).  Her failure to attend the November 14, 2018 status conference was also inexcusable and put her client at risk of dismissal of her case. Moreover, Respondent then engaged in a series of public posts on Twitter, including one post that displayed portions of the court’s sealed order. Her conduct constituted a knowing disregard of court orders and applicable rules. Finally, Respondent failed to cooperate with Disciplinary Counsel’s investigation. She ignored that Office’s repeated inquiries and she also disobeyed a Board order compelling her to respond to those inquiries. Respondent received the letters and was aware of the investigation, as shown by her various Tweets. Yet, she made no effort whatsoever to respond to Disciplinary Counsel, or to cooperate with its investigation.

Her tweets proved her failure to cooperate

Between September 17 and 26, 2020, Respondent posted four separate Tweets, all of which included images explicitly referencing the Office of Disciplinary Counsel, juxtaposed to phrases such as “Lying and Stealing,” “Just Ask Becky,” “Smooth Criminals,” and “Investigate the Investigators.” Tr. 194-99 (Matinpour); DCX 32, 33, 34, 35, 36, 37, 38, 39. “Becky” is the first name of the Senior Assistant Disciplinary Counsel who notified Respondent of Disciplinary Counsel’s investigation and who sent the September 17, 2020, follow-up letter.

(Mike Frisch)