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People v. Murray12/19/1994
Original Proceeding in Discipline
EN BANC
A hearing panel of the Supreme Court Grievance Committee unanimously approved the findings of fact of a majority of the hearing board and the recommendation that the respondent be disbarred, be ordered to pay restitution, and be assessed costs. The respondent has filed exceptions to the factual findings and recommendation of the hearing board and panel. After considering the record and the seriousness of the respondent's misconduct, we accept the hearing panel's recommendations, but order that the disbarment be effective on the issuance of this opinion.
I
The assistant disciplinary counsel filed two formal complaints against the respondent. The first, GC 92A-54, contained one count of misconduct, while the second complaint, GC 93A-90, had eleven counts. The two complaints were consolidated into one proceeding before the hearing board. In a fifty-page report, based on the evidence presented at the hearing, the board found that the following facts had been established by clear and convincing evidence.
A
The respondent represented Jeremy and Sandra Stuckey in a civil action against an insurer alleging that the insurer wrongfully failed to pay a claim. The matter was removed to federal district court. Between February 1991 and July 1992, the respondent's misconduct included failing to submit a settlement letter and failing to attend a settlement conference, failing twice to submit proposed pretrial orders and on two occasions failing to appear at scheduled pretrial conferences. The federal magistrate recommended to the district Judge that the Stuckey case be dismissed for failure to prosecute. The respondent filed no objections to the magistrate's recommendations and he did not respond to a show cause order involving the defendants' attorney fees and costs. The case was dismissed for failure to prosecute, and the defendants' fees and costs were assessed against the Stuckeys. The respondent failed to pay the fees and costs as ordered, although he did pay a portion of the assessed fees late.
He then filed a substantially identical second civil action in federal district court. The respondent also filed, inexplicably, a motion for summary judgment in the first action, which had been dismissed eight months before. The motion was stricken, and the second complaint was dismissed on the ground that the dismissal of the first case constituted an adjudication on the merits under the federal rules.
The hearing board concluded that the respondent's conduct violated DR 1-102(A)(5) (a lawyer shall not engage in conduct prejudicial to the administration of Justice); DR 6-101(A)(2) (a lawyer shall not handle a legal matter entrusted to the lawyer without adequate preparation under the circumstances); DR 6-101(A)(3) (a lawyer shall not neglect a legal matter entrusted to the lawyer); DR 7-101(A)(1) (a lawyer shall not intentionally fail to seek the lawful objectives of the lawyer's client through reasonably available means); DR 7-101(A)(2) (a lawyer shall not intentionally fail to carry out a contract of employment entered into with a client); DR 7-101(A)(3) (a lawyer shall not intentionally prejudice or damage the lawyer's client during the course of the professional relationship); and DR 7-106(C)(5) (in appearing in the lawyer's professional capacity before a tribunal, a lawyer shall not fail to comply with known local customs of courtesy or practice of the bar or a particular tribunal, without giving to opposing counsel timely notice of intent not to comply). The board also determined that the respondent's misconduct in the Stuckey matter was willful because of the respondent's repeat
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