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Procedural Posture

Respondent attorney was charged by formal complaint with neglecting a legal matter and with aiding a non-lawyer in the unauthorized practice of law. The attorney and the assistant disciplinary counsel subsequently entered into a stipulation, agreement, and conditional admission of misconduct. The court's inquiry panel approved the stipulation and the matter came for review.

Overview

The attorney had a paralegal in his office completely handle a bankruptcy proceeding for his clients. The matter started as a proceeding under Chapter 13 of the Bankruptcy Code, but eventually the clients were forced to file under Chapter 7 and lost their home. The attorney never personally met with the clients, did not refund their money as requested, and missed numerous meetings and hearings in reference to the bankruptcy proceedings. The inquiry panel approved the stipulation entered between the attorney and the assistant disciplinary counsel with the recommendation that the attorney receive public censure. The court accepted the stipulation and recommendation of the inquiry panel. The court held that the attorney's failure to supervise the paralegal resulted in the attorney aiding someone in the unauthorized practice of law in violation of Model Code of Prof'l Responsibility DR 3-101(A). Additionally the attorney violated Model Code of Prof'l Responsibility DR 6-101(A)(3) by neglecting the legal matter entrusted to him. The court considered as mitigating factors that the attorney had never been disciplined, that he cooperated in the proceedings, and showed remorse.

Outcome

The court ordered the attorney to be publicly censured. The court ordered the attorney to pay the cost of the proceeding.