Interim Suspension For Non-Response To Bar Complaint

The Vermont Supreme Court has ordered an interim suspension for an attorney’s failure to respond to a complaint

Disciplinary Counsel’s petition indicates the following. In October 2024, one of respondent’s clients filed a complaint against her with the Professional Responsibility Program. The client alleged in part that respondent neglected to diligently pursue a legal claim on her behalf and misled her as to the status of her claim. Respondent was provided a copy of the complaint, and she was interviewed about the allegations on November 8, 2024, by Screening Counsel. On November 21, 2024, Screening Counsel informed respondent that the allegations of misconduct required further investigation by Disciplinary Counsel and requested that respondent provide Disciplinary Counsel with a written response to the complaint by December 11, 2024.

After further communications

Hearing nothing for several weeks, Disciplinary Counsel again contacted respondent. In an email, Disciplinary Counsel gave respondent until February 11, 2025, to provide a written response to the client’s complaint, which represented a two-month extension on the original deadline. Disciplinary Counsel told respondent that no further extensions would be granted and that failure to comply would be construed as a willful refusal to cooperate with the investigation. Respondent acknowledged the filing deadline and said that she would have her counsel contact Disciplinary Counsel the following day. She did not do so, however, and on February 13, 2025, Disciplinary Counsel again warned respondent that her “refusal to cooperate with [his] investigation” was a violation of Vermont Rule of Professional Conduct 8.1(b) and provided a basis to seek the interim suspension of her law license. Disciplinary Counsel received no response and attempted to contact respondent again on February 25, 2025, without success. He left final voicemail and email messages for respondent on March 28, 2025, and received no response. Disciplinary Counsel then filed this petition.

Failure to respond

Disciplinary Counsel argues that an immediate interim suspension is warranted here because respondent violated Vermont Rule of Professional Conduct 8.1(b), and she “presently poses a substantial threat of serious harm to the public.” A.O. 9, Rule 22(A). We agree.

(Mike Frisch)