Disciplinary Reporter Case Digest

Attorney ID 0
Attorney Name Anonymous,
DBP Docket No. 207 DB 2003
Supreme Court Docket No. None
Disciplinary Counsel Richard Hernandez
Counsel for Respondent Charles J. Cunningham, III
Decision Date 2004-07-30
Effective Date 2004-07-30
Case Digest Respondent engaged in misconduct in two separate bankruptcy matters. In the first bankruptcy matter, Respondent prepared a Petition for Extension of Time to File Missing Documents, along with a proposed order that had the bankruptcy judge’s name hand printed on the signature line. The bankruptcy judge denied the Petition because of the improper order. In the second bankruptcy matter, Respondent filed an Application for Attorney’s Compensation that was accompanied by a proposed order that contained the bankruptcy judge’s name hand printed on the signature line. The bankruptcy judge denied the Application because of the improper order and noted that Respondent had previously submitted an improper order in another bankruptcy matter. Respondent filed a Motion for Reconsideration from the denial of the Application. Respondent requested, and the client paid, $500 to file the Motion. The bankruptcy judge denied the Motion and ordered Respondent to return to the client the $500 retainer; Respondent failed to advise the bankruptcy judge that she had received an additional $500 from the client to file the Motion. Approximately twenty months passed before Respondent paid the client the $500 retainer as ordered by the bankruptcy judge. Respondent refunded the additional $500 she received from the client for filing the Motion after the passage of approximately thirty months. Respondent had a record of discipline consisting of an informal admonition for her misconduct in three separate matters. Respondent presented character evidence. Respondent testified that: her paralegal was responsible for the improper orders attached to her pleadings; she was ill for a substantial time period and her illness accounted for the delay in refunding the monies to the client; and she had erroneously believed she had earned the second $500 retainer.
Rule Violation(s) RPC 1.16(d)(1) and RPC 8.4(d).
Discipline Imposed Private Reprimand with probation for a period of one year under the supervision of a practice monitor.
Points of Law
Report/Opinion not available