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In re Potter6/3/2005
r. Duma met with the respondent. Mr. Duma asked the respondent why he had not completed the bankruptcy. The respondent said that he had "a severe case of procrastination." At that time, Mr. Duma requested that the respondent forward to Mr. Duma a copy of his Trzcinski file.
On November 6, 2003, Mr. Duma sent the respondent a letter reminding him to provide a copy of Ms. Trzcinski's file. The respondent did not provide Mr. Duma a copy of the file nor did he return Ms. Trzcinski's original paperwork to her.
Complaint of Michael Barnes (DA9016)
In January, 1999, the respondent represented Michael Barnes in an action for divorce. During the representation, the respondent and Mr. Barnes discussed that a Qualified Domestic Relations Order would need to be completed to split his retirement with his ex-wife. After a period of time, Mr. Barnes' ex-wife contacted the respondent requesting that the Qualified Domestic Relations Order be completed. The respondent contacted Mr. Barnes and informed him that before the Qualified Domestic Relations Order could be completed, Mr. Barnes would need to pay an additional $200. On September 18, 2002, Mr. Barnes sent the respondent a check for $200 for that purpose.
Even though the respondent had not yet earned the fee, he deposited the check into his operating account.
Mr. Barnes subsequently called the respondent on approximately 20 occasions. Each time he left a message asking about the status of the Qualified Domestic Relations Order. The respondent did not return any of the calls.
On August 28, 2003, Mr. Barnes' present wife, Janice Barnes, called the respondent and left a message on his answering machine directing the respondent to refund the $200. The respondent did not return the call.
On September 13, 2003, after waiting 12 months for the order, Mr. Barnes filed a complaint with the Disciplinary Administrator's office. On September 18, 2003, the Disciplinary Administrator wrote to the respondent directing that he respond to the initial complaint within 20 days.
Mr. Duma was assigned to also investigate Mr. Barnes' complaint. On September 22, 2003, he wrote to the respondent and reminded him that the Disciplinary Administrator had directed that a response be provided within 20 days. The respondent did not provide a written response.
On October 23, 2003, Mr. Duma met with the respondent. The respondent told Mr. Duma that he had received Mr. Barnes' money but that he had not completed the work because of "a severe case of procrastination." Mr. Duma then requested that the respondent forward a copy of the Barnes file to him.
On November 6, 2003, Mr. Duma sent the respondent a letter reminding him to provide a copy of Mr. Barnes' file. The respondent did not provide Mr. Duma with a copy.
Complaint of Shara Crawford (DA9086)
On June 11, 2003, Shara Crawford retained the respondent to file a Chapter 7 bankruptcy case in her behalf. Ms. Crawford paid him $300 and provided a file containing all of her financial information. The respondent instructed Ms. Crawford to notify her creditors of her intention and provide them with the respondent's name and telephone number. She followed the respondent's advice.
After her initial meeting with the respondent, Ms. Crawford called him on numerous occasions and left messages. The respondent did not return the calls.
Ms. Crawford's creditors eventually notified her that the respondent was not responding to their telephone calls; they threatened to turn the bills over to collection agencies.
On November 5, 2003, Ms. Crawford wrote to the responden
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