2016 Investigative Summary 12

Investigation of Alleged Lack of Candor to OPR

A DOJ component notified OPR that a DOJ attorney's active bar membership had lapsed for 50 days in 2013 due to non-payment of dues. The Attorney represented to OPR and his component that a third-party was responsible for paying his dues, that he relied on the third party to pay them, and that he was not aware that his dues had not been paid until he attempted to verify his status as an active member of the bar in connection with the Department's annual active bar membership certification. Upon learning that his bar license had been administratively suspended by the bar, the Attorney paid the outstanding dues and late fee and was reinstated that same day.

During OPR's investigation into the Attorney's 2013 active bar membership lapse, OPR learned that the Attorney's active bar membership had previously lapsed for a 22-month period, also due to non-payment of dues. Although the Attorney's bar license had been administratively suspended by the bar, and it was not reinstated until the Attorney paid the outstanding dues and late fees that had accrued during the 22-month period, the Attorney did not report his suspension from the bar or his active bar membership lapse to his component or to OPR. When asked about his failure to report the lapse and suspension, the Attorney represented to OPR that he was not aware at the time that his active bar membership had lapsed or that his bar license had been suspended, and he further represented that he had no recollection of being reinstated to active bar membership status, or of paying the delinquent dues and late fees required for reinstatement.

Based on the results of its investigation, OPR concluded that the Attorney engaged in misconduct by acting in reckless disregard of his obligation, pursuant to statute and Department policy, to at all times be authorized to practice law when he allowed his active bar membership to lapse for the 50-day period in 2013, and for the prior lapse for a 22-month period. In addition, OPR concluded that the Attorney violated his duty of candor and honesty by falsely representing to OPR and his component that a third-party was responsible for paying his 2013 bar dues and that he relied on the third-party to do so, and also by falsely representing to OPR that he was not aware of his prior 22-month suspension from the bar or his subsequent reinstatement.

Finally, OPR concluded that the evidence was insufficient to establish that the Attorney engaged in the unauthorized practice of law while suspended during either period. OPR referred its report of investigation to the PMRU, which upheld OPR's findings and conclusions and suspended the Attorney without pay.

The PMRU authorized OPR to refer its professional misconduct finding to the appropriate state bar disciplinary authorities, and OPR has done so.