A Failure To (Tele) Communicate

The District of Columbia Court of Appeals has suspended an attorney for two years

The Board on Professional Responsibility recommends that respondent Kristopher E. Twomey be suspended from the practice of law for two years. Specifically, the Board found that Mr. Twomey, whose practice involves regulatory issues regarding internet-service providers, affirmatively gave false assurances to two clients regarding the status of their eligible telecommunication carrier (“ETC”) applications filed in four states, including (1) creating a false docket number for a California application to cover up that he had not timely filed it, which caused another attorney working on the application to repeat that false statement to the Federal Communications Commission (“FCC”) and (2) instructing a client to repeat his false claim to the FCC that the Tennessee authority had declined jurisdiction by returning his application, when he in truth never filed it, violating D.C. R. Prof. Conduct 4.1(a) and 8.4(c). Further, but less material to the recommended sanction, the Board found that Mr. Twomey ought to have kept his clients better informed about the work he was doing for them and the prospect that significant deadlines might not be met, violating D.C. R. Prof. Conduct 1.3(c) and 1.4(a) and (b). Mr. Twomey has not filed any exceptions to the Board’s Report. Mr. Twomey also has not yet filed the required D.C. Bar R. XI, § 14(g) affidavit after his July 17, 2024, interim suspension in this case.

The per curiam decision was from a division consisting of BECKWITH and MCLEESE, Associate Judges, and RUIZ, Senior Judge. (Mike Frisch)