On November 1, 2018, an attorney received a private reprimand for violating Rules 1.1 [Competence], 1.3 [Diligence], 1.4 [Communication], 3.2 [Expediting Litigation], 3.3 [Candor Towards the Tribunal], 5.1 [Responsibility of…
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Date: 11/8/2018
Discipline Imposed: Private Reprimand
Description:
On November 1, 2018, an attorney received a private reprimand for violating Rules 1.1 [Competence], 1.3 [Diligence], 1.4 [Communication], 3.2 [Expediting Litigation], 3.3 [Candor Towards the Tribunal], 5.1 [Responsibility of a Partner or Supervisory Lawyer], 8.4(a), 8.4(c), 8.4(d), and 8.4(g) [Misconduct], Alabama Rules of Professional Conduct. The respondent attorney was hired to represent a client in removal proceedings before the Executive Office of Immigration Review. Other than two letters, the respondent attorney failed to communicate with the client during a two-year period. The respondent attorney notified the client by letter his 2014 hearing was postponed until 2016 and instructed the client to make an appointment with another attorney in the firm. The client believed the respondent attorney and the his staff were properly handling this matter. The client contacted the office several times by phone to follow up with the respondent attorney and the firm, but no one was ever available to speak with him. Prior to the 2016 hearing, the client traveled to the respondent attorney’s office to discuss what to expect during the hearing and was told no one was available to speak with him. At the 2016 hearing the respondent attorney submitted a Motion to Withdraw in open court. The judge granted the motion and ordered the client removed. Other than the initial meeting at the time of engagement in 2012, the 2016 hearing was only the second time the client was able to meet with the respondent attorney. With the respondent attorney’s conduct in this matter, he violated Rules 1.1 [Competence], 1.3 [Diligence], 1.4 [Communication], 3.2 [Expediting Litigation], 3.3 [Candor Towards the Tribunal], 5.1 [Responsibility of a Partner or Supervisory Lawyer], 8.4(a), 8.4(c), 8.4(d), and 8.4(g) [Misconduct], Alabama Rules of Professional Conduct, by failing to provide competent representation, neglecting a legal matter entrusted to the attorney, failing to keep the client reasonably informed about the status of his matter, failing to explain the client’s matter to the extent reasonably necessary to permit the client to make an informed decision, failing to expedite litigation consistent with the interests of the client, knowingly making false statements to the tribunal, failing to disclose material facts to a tribunal when disclosure is necessary to avoid in assisting in a fraudulent act by the client, or offering evidence the attorney knew to be false, failing to make reasonable efforts to ensure the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the Alabama Rules of Professional Conduct, knowingly violating the Alabama Rules of Professional Conduct, engaging in conduct prejudicial to the administration of justice, and engaging in conduct adversely reflecting on the attorney’s fitness to practice law.