| Case Digest |
After winning a lawsuit, Respondent was sent a check for $2,461.02 by opposing counsel for damages. This amount did not even cover the costs that Respondent had incurred trying the case. However, he advised his client that he would give her $1,500. Then, Respondent failed to cash the check for $2,461.02, which was made payable to him and his client. The client complained, but no check was forthcoming. The insurance company sent notice that the check was stale, and therefore, stopped payment on the check. The insurance company then sent a check in the amount of $2,451.02 to the client, made payable to Respondent and the client. The client endorsed the check and then sent it to Respondent for his signature. Respondent again failed to negotiate the check. Thereafter, the client complained to the Office of Disciplinary Counsel. Respondent explained that he had felt badly that the jury had not awarded more money to his client. Therefore, he gratuitously promised her $1,500 even though he was entitled to keep the entire verdict amount to cover his costs. The Disciplinary Board found that Respondent failed to provide competent representation upon receiving the check, failed to act with diligence since he failed to take any action to reopen the case and failed to send the money that he had promised his client. Respondent failed to communicate with his client about the money and failed to answer her numerous inquiries about the funds. Respondent also violated Rule 1.15(b) by failing to deliver the money that he had promised his client in a prompt manner. Respondent testified that during this period of time, he battled with depression and personal problems. Although the Disciplinary Board did not doubt the sincerity of Respondent’s testimony about his depression, Respondent did not prove by clear and convincing evidence that Respondent’s depression caused his misconduct. Respondent’s prior disciplinary history consisted of an informal admonition in 1999 and a private reprimand in 2002. |
