Matter of Washington
| Decision Date | 04 May 1988 |
| Docket Number | No. 85-902.,85-902. |
| Citation | 541 A.2d 1276 |
| Parties | In the Matter of Melvin WASHINGTON, Respondent. |
| Court | D.C. Court of Appeals |
Before FERREN, BELSON and STEADMAN, Associate Judges.
Before us is a recommendation of the Board on Professional Responsibility that respondent be suspended for three years. We think this sanction insufficient. The record shows a persistent pattern of violation of the most basic requirements of the attorney-client relationship. No responsibility of our attorney disciplinary system is more fundamental than protecting the public against such actions. Although disbarment could well be an appropriate sanction for such numerous derelictions, we impose on the facts of this case a four-year suspension.1
As the attached Board Report and Recommendation spells out in detail, respondent was found to have neglected five legal matters entrusted to him, involving a total of some fourteen clients. Indeed, for all practical purposes, he did almost nothing to further the interests of the clients, although in three of the five cases he had received payments from the clients either in fees or as advance litigation expenses.2 He often failed to communicate with his clients or to respond to inquiries, and in two cases made affirmative misrepresentations. At times, he did not return documents to clients who severed their relationship with him.
None of the facts found by the Board is contested by respondent, who filed no brief either with the Board or with us. Indeed, respondent's whole attitude toward the disciplinary process seems to be, as the Board Report puts it, "one of disdain." The attempts to avoid service of process, after winning a prior appeal on this precise issue, see In re Washington, 513 A.2d 245 (D.C. 1986), the indifferent conduct at the hearings, and the apparent lack of any contribution or regret are all matters of serious concern, counting against him in the weighing of appropriate sanction. Furthermore, while the Board suggests that respondent's prior discipline — a ninety-day suspension for two instances of neglect and other Code breaches, In re Washington, 489 A.2d 452 (D.C. 1985) — should not be taken into account as an unlearned lesson, we note that the Hearing Committee proceedings in that case began in late 1983 and the Board's Report to us was issued in October of 1984. Thus, by at least the time of the neglect in the case involving the faculty members of the University of the District of Columbia, he certainly was on notice of the adverse judgment by his peers on his conduct of the practice of law. In any event, the facts underlying the prior discipline tend to confirm the ongoing nature of respondent's misconduct.
On the other hand, we must take into account the fact that the Board has not found that any actual lasting harm resulted as a consequence of respondent's actions.3 The occurrence of actual harm is by no means a prerequisite for disciplinary action, certainly not where the potential for harm is plainly present as here. But, the absence of actual harm has some marginal relevance which we will take into account in this instance. See In re Reback, 513 A.2d 226, 232 n. 5 (D.C. 1986) (en banc); cf. In re Hutchinson, 534 A.2d 919, 925-26 (D.C. 1987) (en banc). Furthermore, we cannot be unmindful of respondent's long history of unblemished practice prior to the commencement of these acts of misconduct and of his past pro bono work in the community and sustained contributions to the Bar, see In re Washington, supra, 489 A.2d 461, 463, albeit these must be a wasting asset that cannot repeatedly be taken into consideration. These considerations have persuaded us, but barely, that discipline just short of disbarment is appropriate.4
Accordingly, it is ORDERED that Respondent Melvin J. Washington is suspended from the practice of law for four years, effective 30 days from the date of this decision and order. It is
FURTHER ORDERED that Respondent Melvin J. Washington make restitution as set forth in the annexed Board Report and Recommendation.
So Ordered.
I am in accord with my colleagues' views on the serious nature of the offenses here. However, since I think that this court should be strongly inclined to "respect the Board's sense of equity in these matters [of sanction] unless that exercise of judgment proves to be unreasonable," In re Haupt, 422 A.2d 768, 771 (D.C. 1980), and since in my view the Board's proposed sanction falls within an acceptable spectrum, I would adopt its recommendation.
IN THE MATTER OF MELVIN WASHINGTON, RESPONDENT.
This matter comes before the Board on Professional Responsibility on three reports: 1) that of Hearing Committee Number Two dated July 29, 1987; 2) that of Hearing Committee Number Ten dated August 4, 1987; and 3) that of Hearing Committee Number Nine dated September 24, 1987. These three cases, involving six separate petitions, have been consolidated before the Board. Respondent has not objected to the Hearing Committee reports.1
Docket Numbers 219-84 and 306-84 are on remand from the District of Columbia Court of Appeals. In re Washington, 513 A.2d 245 (D.C. 1986). In the original proceeding, Bar Counsel had mailed copies of the petitions by certified and regular mail to Respondent. The certified mail copies were not claimed and thus were returned to Bar Counsel.2 The copies sent by regular mail were not returned to Bar Counsel. The Court of Appeals remanded the proceedings, holding that personal service of the petitions was required by D.C.Code Section 11-2503(b) and that such service had not been properly effected.
On remand, Bar Counsel personally served new petitions in Docket Numbers 219-84 and 306-84 on Respondent on September 27, 1984. In addition, four new cases were instituted by Bar Counsel against Respondent. Accordingly, Bar Counsel personally served Respondent with three new petitions concerning: (1) Docket Number 25-84; (2) Docket Number 303-86; and (3) Docket Numbers 226-84 and 141-84.
On remand, before Hearing Committee Number Two, Bar Counsel moved to have the entire transcript of the 1984 disciplinary proceedings admitted into evidence. Tr. 6 at 91-92.3 The Hearing Committee ruled that Bar Counsel could not introduce the entire record because of the Court of Appeals' holding in Washington. H.Comm.Rpt. 14. The Board adopts the Hearing Committee's ruling. Respondent had not been provided the opportunity to cross-examine the witnesses at the 1984 hearing pursuant to the Board rule that prohibits an attorney who fails to respond to a petition from presenting an affirmative case. Board Rule 7.3. In light of the Court's remand based on ineffective service of the petition, the Hearing Committee properly limited the introduction of the transcript.
In Docket Numbers 226-84 and 141-84, Respondent moved to quash the service of process of the petition instituting formal disciplinary proceedings alleging that the service was insufficient. Respondent argued that the service was inadequate in form but acknowledged actual receipt of the petition. The Hearing Committee recommended that the Board deny Respondent's motion. Board Rule 7.13. The Board adopts this recommendation.
The basis for Respondent's motion was that the petition had been "thrown" at him from a passing van and thereafter retrieved by him from the "gutter." Tr. 8 at 10. The testimony of the two process servers, one of whom had attempted service and the other of whom had effected service, not only contradicts Respondent's testimony but evidences Respondent's attempts to avoid service. David Felter testified that he personally attempted service on Respondent on several occasions and that Respondent took repeated steps to avoid service, including refusing to open the door at his home and identifying himself as his brother. Tr. 8 at 15-16. Lawrence Ulrich testified that he drove up beside Respondent, who was standing beside his car, "flipped" the petition towards Respondent's chest and observed Respondent catch it in his arms. Tr. 8 at 21-22. Ulrich also testified that he had previously been assaulted by Respondent. Tr. 8 at 23-24.
These matters have not been contested by Respondent before the Board. The Board affirms the Hearing Committees' findings and conclusions because they are based on substantial evidence in the record as a whole.
Ms. Jacqueline Mills and her parents, Mr. Samuel I. Mills and Mrs. Mabel G. Mills, retained Respondent to represent Ms. Mills concerning an automobile accident that had occurred in March 1983. Various members of the Mills family testified that they had provided Respondent with copies of medical reports, bills, and other documents that Respondent had requested.
The Abbey Casualty Insurance Company, which represented the taxi cab company involved in the accident, contacted Mr. Mills concerning the possibility of settling the claim. Mr. and Mrs. Mills refused to negotiate directly with the insurance company. They informed Respondent of the contact and requested that he negotiate with the company. Respondent failed to communicate with the insurance company.
Mr. and Mrs. Mills unsuccessfully attempted to communicate with Respondent during 1983. Respondent failed telephone to return messages left by the Mills.
Respondent failed to take any action on behalf of the Mills, and he did not file suit. He testified that he did not file suit because he had been awaiting the outcome of the litigation attacking the District of Columbia's nofault insurance law. Tr. 6 at 35-37. Respondent...
To continue reading
Request your trial
-
In re Evans
...were presented by the parties. The Board must consider the "total picture" of Respondent's professional conduct. In re Washington, 541 A.2d 1276, 1283 (D.C.1988). This matter involves the failure to provide adequate legal services to a single client. Although there was no finding that Respo......
-
Matter of Robertson, 91-SP-730.
...restitution to former client in amount client had paid respondent); In re Taylor, 511 A.2d 386, 386 (D.C.1986) (same); In re Washington, 541 A.2d 1276, 1277 (D.C.1988) (ordering restitution of fee and or expense money advanced by each of respondent's wronged The definition of disciplinary r......
-
In re Wright, 04-BG-339.
...behavior in the aggregate. See, e.g., In re Lyles, 680 A.2d 408 (D.C.1996); In re Ryan, 670 A.2d 375 (D.C.1996); In re Washington, 541 A.2d 1276, 1283 (D.C.1988); In re Hines, 482 A.2d at Considering respondent's behavior in the aggregate, we are well satisfied that the Board's recommended ......
-
In re Delate, 90-14.
...failed to seek lawful objectives of client in one case and, in second case, lied to deputy sheriff); In re Washington, 541 A.2d 1276 (D.C.1988) (per curiam) (Washington II) (four-year suspension where attorney continued ongoing misconduct not only by "neglecting five legal matters entrusted......