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In re Steele2/17/2005
Argued December 7, 2004
In response to a number of complaints made to the Office of Bar Counsel against respondent by private citizens and a judicial officer, Bar Counsel, after investigation, presented evidence of multiple violations of the District of Columbia Rules of Professional Conduct ("Rules") to three hearing committees. There is little, if any, dispute about the underlying factual accounts surrounding respondent's professional conduct in these matters. Thus, the Board on Professional Responsibility ("Board") adopted the findings of fact and conclusion of law of each hearing committee. The Board, after reviewing the recommended sanctions from each committee, respectively, recommends a suspension from the practice of law for an extended period of years in addition to a requirement of a showing of fitness for reinstatement and payment of restitution. Relying essentially on the same evidentiary facts, Bar Counsel recommends disbarrment. Although both recommendations are well founded, we adopt the Board's recommendation of an extended suspension from the practice of law with requirements of proof of fitness and payment of restitution.
I. BACKGROUND
A. Hearing Committee No. 1
Hearing Committee No. 1, in a consolidated proceeding involving separate complaints from three different clients -- Iris Richard, Janice Bean and Robert Adams -- found respondent to have violated multiple provisions of the Rules.
Iris Richard
In September 1993, Iris Richard ("Richard") retained respondent to represent her in a discrimination action against her employer. Respondent and Richard executed a retainer agreement which provided for an attorney's fee of $9,000.00. Richard made an initial payment of $4,500.00 in January 1994, with the balance due in six months. Respondent advised Richard that it was necessary to file an administrative claim with the Equal Employment Opportunity Commission ("EEOC") by April 1, 1994. Although respondent promised Richard that he would file the claim with the EEOC on her behalf, he failed to do so and never advised Richard of this fact.
In June 1994, Richard left a message with respondent that she was unable to pay the balance of the retainer; respondent did not return her call. Thereafter, Richard unsuccessfully attempted to contact respondent on several occasions. In January 1995, respondent informed Richard that he had been ill and had deferred action on her case because she had not payed the balance of the retainer. In the summer of 1995, Richard asked respondent to provide her with a copy of the administrative claim that she assumed had been filed with the EEOC on her behalf; respondent did not respond to her request. On August 4, 1995, Richard wrote respondent requesting a copy of the complaint purportedly filed, on her behalf, in the United States District Court for the District of Maryland. Respondent informed Richard by letter that " ha not gone forward with matter because indicated an inability to pay the balance of the retainer agreement." In his letter, respondent acknowledged that the limitations period had run on one of Richard's claims, but assured her that she could still file a remaining claim pursuant to 42 U.S.C. ยง 1981. Seeking to resolve the matter amicably, respondent enclosed a check in the amount of $2,250.00 (i.e., half of the initial retainer payment).
In September 1995, Richard wrote to respondent stating her dissatisfaction and requesting a full refund of her initial retainer payment. Respondent did not comply. Richard filed a complaint with Bar Counsel on October 3, 1995.
Hearing Committee No. 1 found that respondent (1) failed to represent Richard
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