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In re Roxborough6/7/2001
ner as her paralegal, with her full confidence and authority. Id. at 3.
46. During a conference call on July 18, 1997, Mr. Stancil stated that he had not known until that day that Petitioner was not a licensed attorney. BX 28 at 2. During his reinstatement hearing, Petitioner testified that he had advised Mr. Stancil and Mr. Hasselrig that he no longer was practicing law and could act only as a consultant. Tr. I 146. He confirmed that he had started the matter as counsel. Id. Petitioner acknowledged that Mr. Brothers had thought Petitioner was acting as an attorney and that Petitioner does not believe that Mr. Brothers filed the ethical complaint to secure leverage in the commercial transaction. Id. 156-57. Petitioner further testified that everyone at IBW knew he was suspended from the practice of law. Id. 148-49.
47. Bar Counsel had not petitioned this matter.
f. Roxborough/Johnson, Bar Docket No. 386-98
48. Bobby B. Stafford, Esquire, filed a complaint with Bar Counsel on behalf of his client, Joyce Johnson, stating that his client was the personal representative of the Estate of Viola Morris Gunthrop in the Probate Division of the Superior Court of the District of Columbia, No.1388-84 (the "Gunthrop Estate"). BX 36 at 1.
49. Ms. Johnson settled a real-estate matter with Petitioner's former law firm, Roxborough & Tillerson, which was required to hold $5,500 in escrow. Id. Although a portion of the funds was returned through a garnishment, at the time of the hearing approximately $4,500 remained outstanding. Id.
50. Petitioner is unsure whether his former law firm owes the Gunthrop Estate any further funds. BX 37. He promised to make the Gunthrop Estate whole upon a showing that additional amounts are owed. Id.
51. Petitioner testified that the file has been removed from his old office, and that he has been unsuccessful in his attempts to locate it. Tr. II 112.
Petitioner's Other Acts of Adjudicated Misconduct
52. Petitioner was informally admonished, on October 21, 1977, for conduct that occurred in 1976, while he represented a defendant in a widely publicized murder trial. BX 2; Tr. II 3-6. During the trial, his first criminal case, he induced the client to execute an assignment of insurance proceeds from her husband, the deceased, thereby turning his legal fee into a forbidden contingency in a criminal case. Tr. II 4-6. Petitioner was found to have violated DR 2-106(C). BX 2.
53. Petitioner was informally admonished in 1981 for conduct that occurred in 1980, when he represented a client in a Social Security matter. BX 3; Tr. II 8-11. He was found to have violated DR 2-106, in that he had charged an excessive fee, and DR 1-102(A)(5), in that he had failed to cooperate with Bar Counsel. BX 3; Tr. II 11. He refunded $150 to his client. BX 3.
54. The Board on Professional Responsibility informally admonished Petitioner, on March 3, 1989, for neglect of a legal matter entrusted to him, in violation of DR 6-101(A)(3). BX 4; Tr. II 20. Discipline was based upon his failure to form a subchapter S corporation. BX 4; Tr. II 23. His malpractice carrier settled the civil matter for $90,000. Tr. II 25.
C. Petitioner's Physical Health
55. In 1990, Petitioner was diagnosed with a tumor of the parotid gland. BX 32 at 2. Petitioner waited until 1992 to undergo surgery for the tumor. BX B at attachment 4, 32 at 2-3; Tr. I 192-94, Tr. II 37. At the time, he feared that the tumor was cancerous, but it proved not to be so. During this time period, he went to work, shut the door, took the telephone off the hook, and slept. Tr. I 193, Tr. II 37.
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