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Disciplinary Counsel v. Watson12/7/2005
{ } Edna Bray hired respondent in March 2001 to file a legal-malpractice case and paid him a $1,000 fee. Respondent filed the lawsuit; however, on the day of trial, he dismissed the case without his client's knowledge or approval.
{ } Respondent eventually refiled Bray's case. On May 30, 2002, after his suspension, respondent accepted Bray's check for $500 in partial payment of his fee. Although she had left blank the space for identifying the payee, Bray noticed after the check was negotiated that the name of another lawyer in respondent's office, Yvonne Harris, had been written in as payee. The check was later deposited in respondent's personal account. Bray had not hired Harris to represent her, nor did she know who Harris was. After Bray wrote the check, respondent told Bray that he had been suspended. Respondent has not refunded any of Bray's money.
{ } The board found that in representing Bray, respondent had violated DR 1-102(A)(4), 1-102(A)(5), 1-102(A)(6), 2-107(A) (allowing division of fees between attorneys who are not in the same firm only under limited conditions), 2-110(A)(3), and 9-102(B)(4) and Gov.Bar R. V(8)(E).
Count VI
{ } A letter of inquiry was sent to respondent on October 9, 2002, regarding the Bray case. After several extensions, respondent finally responded to the letter on January 13, 2003, the day before his deposition. Under oath during his deposition, respondent falsely claimed that Bray gave him the $500 check because she intended to hire Harris to do some legal work and he denied having received the funds. Respondent also failed to comply with relator's request for accounting records concerning the Bray case.
{ } 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).
Count VII
{ } Angela Lockhart hired respondent in April 2000 to file a sex-discrimination lawsuit against an employer. Lockhart paid a $2,500 retainer fee and also entered into a contingent-fee agreement. Respondent filed the case, but he failed to respond to the defense's motion for summary judgment. When the defense filed a motion for default, respondent voluntarily dismissed Lockhart's case without her knowledge or approval. Respondent later lied to Lockhart, telling her that the defendant had been able to get the case dismissed.
{ } Respondent eventually refiled Lockhart's case and learned at a February 6, 2002 hearing that the final pretrial hearing date would be May 14, 2002. On the day before the hearing, respondent told Lockhart that he had not received notice of pretrial and that there must not be one scheduled. As a result, neither he nor Lockhart appeared for the hearing that took place on May 14, 2002.
{ } On May 23, 2002, notwithstanding his suspension from practice, respondent discussed settlement with opposing counsel and offered lower terms than Lockhart had approved. During June, July, and September 2002, respondent continued to represent Lockhart by reviewing court filings, correspondence, and depositions, and, at one point, coaching her for her trial testimony. Respondent also participated in conference calls concerning the settlement between himself, Lockhart, and another attorney whom respondent had brought into the case without first consulting Lockhart.
{ } The board found that in representing Lockhart, respondent violated DR l-102(A)(4), l-102(A)(5), 1-102(A)(6), 2-103(A), 3-101(B), 6-101(A)(3), 7-101(A)(2), and 7-101(A)(3) and Gov.Bar R. V(8)(E).
Count VIII
{ } On October 10, 2002, relator sent a letter of inquiry to respondent regarding the Lockhart matter. Respondent finall
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