2013 Investigative Summary 4

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

OPR was informed that a DOJ attorney may have engaged in professional misconduct by becoming a delinquent member of her state bar who was not authorized to practice law. Upon receiving this information, the attorney’s supervisor confirmed with bar authorities that the attorney had been suspended from the active practice of law as a result of the attorney’s failure to complete continuing legal education (CLE) requirements. The supervisor also confirmed that the DOJ attorney signed a DOJ Attorney’s Bar Re-Certification Form certifying that she was a member in good standing of her state bar who was authorized to practice law, when at the time, she was not.

Upon being notified by her supervisor of the problem, the DOJ attorney later completed and reported the required CLE credit hours to her state bar. The DOJ attorney was reinstated as a member in good standing of her state bar who was authorized to practice law.

OPR conducted an investigation and found that the DOJ attorney knew and understood her state bar’s CLE requirement and the CLE reporting deadline. OPR also found that the DOJ attorney received e-mail reminders from her state bar, both before and after the CLE reporting deadline, as well as a certified letter from her state bar, reminding her of the CLE requirement. The DOJ attorney nonetheless failed to timely complete and report the required number of CLE credit hours. Finally, OPR found that the DOJ attorney made misrepresentations to her state bar in a petition for removal of delinquency in connection with her reinstatement to membership in good standing.

Accordingly, OPR 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. During the 29
time of her lapse in bar membership, the DOJ attorney was a delinquent member of her state bar who was not authorized to practice law. OPR also concluded that the DOJ attorney engaged in professional misconduct by acting in reckless disregard of her obligation to accurately certify her bar membership status to the DOJ. 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 rules of professional conduct prohibiting the unauthorized practice of law and misrepresentation. 

The DOJ attorney left the Department prior to the implementation of discipline, but OPR reported the misconduct to the appropriate bar disciplinary authorities.