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Disciplinary Counsel v. Watson12/7/2005
ions of another lawyer's employment, except as permitted by DR 2-101), 2-110(A)(3) (requiring the refund of unearned fees upon a lawyer's withdrawal from employment), 2-110(B)(4) (requiring a lawyer's withdrawal from employment upon discharge), 3-101(B) (prohibiting practice in violation of professional regulations in that jurisdiction), and 9-102(B)(4) (requiring a lawyer to deliver funds and property a client is entitled to receive), and Gov.Bar R. V(8)(E) (requiring the performance of various duties upon suspension).
Count II
{ } In responding to relator's inquiries about Holsopple's case, respondent falsely denied in a letter and under oath that his client had asked for the return of her file and fee. He also falsely denied that he had promised to represent Holsopple notwithstanding the suspension of his license to practice. Moreover, respondent did not comply with a request to produce his client-trust-account records and an accounting of the fees Holsopple paid. The board found that respondent had thereby violated DR l-102(A)(4) and 1-102(A)(5) and Gov.Bar R. V(4)(G) (requiring lawyers to cooperate in a disciplinary investigation).
Count III
{ } Respondent represented Nadyne Turner in October 2001, defending her against a former employee's lawsuit. During that litigation, respondent failed to respond to an order for a more definite statement, did not timely answer interrogatories and requests for admissions, and failed to appear for a deposition. He also failed to reply to the employee's motion to compel discovery and to deem the unanswered requests for admissions admitted.
{ } After respondent's May 2002 suspension, he informed Turner that another lawyer, G. Michael Goins, would assist him with her case, but he forbade Turner to speak with Goins until respondent had introduced them. Turner met Goins for the first time on September 9, 2002, the day of a hearing on discovery disputes that developed before respondent's suspension and the possibility of sanctions against Turner for respondent's failure to comply. At that hearing, the court granted a default judgment and sanctions against Turner for over $200,000. This order was later reversed and remanded on appeal but only as to the amount of damages.
{ } On June 17, 2002, nearly one month after his first suspension from practice, respondent met with Turner in an attempt to settle a legal-malpractice case against another lawyer on her behalf. Respondent arranged for Turner to sign the settlement agreement, and he witnessed her signature. Later in September 2002, respondent helped Turner prepare answers to interrogatories that were to be presented in response to discovery concerns at the September 9, 2002 show-cause hearing. Moreover, in September 2002, respondent telephoned Edmund Lee Wagoner, the attorney who represented Turner's former employee, to discuss the case against Turner.
{ } The board found that in representing Turner, respondent had violated DR 1-102(A)(4), l-102(A)(5), 1-l02(A)(6), 2-103(A), 3-101(B), 6-101(A)(3) (barring the neglect of an entrusted legal matter), 7-l0l(A)(2) (barring the intentional failure to carry out a contract for professional employment), and 7-101(A)(3) (barring a lawyer from intentionally causing a client prejudice or damage during representation), and Gov.Bar R. V(8)(E).
Count IV
{ } In responding to relator's inquiries about Turner's case, respondent falsely denied in a letter and under oath that he had continued to provide legal counsel to Turner after his suspension. The board found that respondent had thereby violated DR 1-102(A)(4) and 1-102(A)(5) and Gov.Bar R. V(4)(G).
Count V
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