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In re Ponds12/15/2005
esented party, fraud and dishonesty. Id. at 499. We noted that (1) Jones-Terrell had engaged in a clear conflict and had essentially lied to the guardian about disclosing the conflict and obtaining a waiver; (2) several of Jones-Terrell's representations in her petition for appointment as guardian were false; (3) and her efforts to convince an incapacitated woman to sign documents and make out checks was deplorable. See id. at 500-01. We also observed that the rules were designed to protect the very people who were victims of Jones-Terrell's underhandedness -- Mrs. Wallace (incapacitated), Mrs. Wallace's attorney, and the trial court. Id. at 501.
Clearly the conduct in In re Jones-Terrell was far more egregious than that at issue in this case. The respondent in Jones-Terrell violated several of our rules of professional conduct, including Rule 8.4 (dishonesty), all in an effort to profit from and defraud an elderly incapacitated client. There is no showing of dishonesty in this case or any fraud. As the Board in this case noted, "In re Jones-Terrell . . . involved egregious overreaching by a lawyer with respect to her elderly and incapacitated client. We do not view the conduct here as comparable to that established in Jones-Terrell." Furthermore, we note that the conflict here was simply not as clear-cut and obvious as was the case in Butterfield, McLain, and Jones-Terrell. As the Board noted:
here are some conflicting considerations as regards the seriousness of the misconduct in this case. On the one hand, we have difficulty finding that the Respondent's violation resulted from more than one error of judgment regarding the permissibility of 'carving out' the conflicted aspect of the representation while preserving the broader attorney-client relationship, as opposed to a willful and knowing violation of the Rules.
Based on the foregoing, we conclude that a sixty-day suspension is excessive. Taking into account Ponds subsequent public censure, and the excessive delay, we conclude that a suspension for thirty days, together with the requirement that Ponds undergo ethical training, is the most appropriate sanction in these circumstances. Our order follows:
1. Respondent Billy L. Ponds is hereby suspended from the practice of law in the District of Columbia for the period of thirty days. Respondent's attention is directed to the requirements of D.C. Bar R. XI, § 14, and their effect on his eligibility for reinstatement, see D.C. Bar R. XI, § 16(c).
2. As a condition of his reinstatement and before he resumes the practice of law following his period of suspension, respondent shall file with the Board of Professional Responsibility and Bar Counsel a certification that he has completed a continuing legal education course on legal ethics or criminal practice covering conflicts of interest.
So ordered.
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