2013 Investigative Summary 13

Investigation of Alleged Failure to Maintain Active Membership in a State Bar;
Unauthorized Practice of Law

A DOJ attorney reported to OPR that she was removed by her state bar from the list of active lawyers because she failed to pay her bar dues and then registered only as an inactive member of the bar. Upon being informed by the state bar that the attorney owed bar dues, the attorney paid her bar dues but then registered only as an inactive member of the bar. Based upon her prior experience as a federal law clerk, the DOJ attorney was under the mistaken assumption that as a federal employee, she continued to be exempt from paying annual bar dues, which is why she had not paid her bar dues initially. The DOJ attorney registered as an inactive member, and paid the accompanying lower dues amount, because she mistakenly assumed that her non-litigating position in the DOJ did not require her to maintain an active membership in her state bar.

After the DOJ attorney was reminded by a colleague that, as a DOJ attorney, she needed to maintain an active membership in at least one state bar, the DOJ attorney contacted her state bar and paid the necessary dues to achieve active status. During her period of removal and inactive status with her state bar, the DOJ attorney was not a member of any other state bar.

OPR conducted an investigation and concluded that the DOJ attorney engaged in professional misconduct by acting in reckless disregard of her obligation, pursuant to statute and DOJ policy, to at all times be authorized to practice law by maintaining an active membership in at least one state bar. OPR found that the DOJ attorney should have known of her obligation to maintain an active membership in at least one state bar because, before joining the DOJ, she read, understood, and signed the DOJ’s Attorney’s Entry-On-Duty Certification Form, which explained her obligation as a DOJ attorney to maintain an active bar membership. Furthermore, the state bar website clearly stated that inactive members are not authorized to practice law. Despite these clear admonitions, the DOJ attorney failed to timely pay her annual bar dues and subsequently registered as an inactive member of her state bar.

OPR further concluded that the DOJ attorney engaged in professional misconduct by acting in reckless disregard of her obligation to comply with her state bar’s rule of professional conduct prohibiting the unauthorized practice of law. During the time that she was not an active member of the bar, the DOJ attorney provided legal services to the DOJ, but her provision of legal services was unauthorized because the DOJ attorney was not an active member of her state bar as required by statute and DOJ policy.

OPR referred its findings of misconduct to the DOJ attorney’s component, which imposed a 5-day suspension. OPR also referred its misconduct findings to the appropriate state bar disciplinary authorities.