2014 Investigative Summary 6

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

In November 2012, a DOJ attorney notified OPR that his state bar membership had been suspended for failure to pay bar dues. The attorney subsequently paid his dues and completed continuing legal education (CLE) requirements and regained active bar membership status. 

OPR conducted an investigation and learned that the DOJ attorney's bar membership had been suspended in April 2012 and remained suspended until December 2012. OPR also learned that the DOJ attorney's bar membership had been suspended on two prior occasions while he was employed by the Department. The DOJ attorney continued to handle litigation in federal and state courts on behalf of the United States during the periods when his bar license was suspended. 

During its investigation, OPR also became aware of the DOJ attorney's lack of candor with the Department regarding the circumstances of his 2012 suspension from the Bar. The DOJ attorney needed to obtain a certificate of good standing from the Bar in order to apply for admission to a federal court so he could handle a particular case. OPR learned that the DOJ attorney told his supervisor that he had requested a certificate of good standing from the Bar, when he had not.

The DOJ attorney knew at the time he made this representation that his license had been suspended, but failed to apprise his supervisor of that fact and misled his supervisor into believing that he was waiting for the Bar to issue him a certificate of good standing. The DOJ attorney also provided inaccurate information to his supervisor, as well as to the Professional Responsibility Advisory Office (PRAO) and OPR, regarding the timing of his 2012 suspension and when he became aware of it. 

Based on the results of its investigation, OPR concluded that the DOJ attorney:

(1) committed intentional professional misconduct by violating his Department and statutory obligations to be authorized to practice law by maintaining an active membership in at least one state bar;

(2) committed intentional professional misconduct by violating his Department and statutory obligations to be authorized to practice law by maintaining an active membership in at least one state bar when he knowingly failed to comply with his CLE requirements;

(3) committed intentional professional misconduct when he knowingly engaged in the unauthorized practice of law while his license was suspended from April 2012 until November 2012;

(4) committed intentional professional misconduct by engaging in conduct that was dishonest and deceitful when he purposely misrepresented to his supervisor in April 2012 that he was waiting for a certificate of good standing from the Bar; failed to apprise his supervisor that his license had been suspended; and was not candid and forthright in his communications with his supervisors, PRAO, and OPR regarding the circumstances of his Bar suspension.

OPR referred its misconduct findings to the DOJ attorney's component, which issued a proposal for discipline and referred the matter to OARM. OARM imposed a suspension of 60 days without pay, which the DOJ attorney has appealed to the Merit Systems Protection Board.