Thursday, November 2, 2017

Never Never Land In The District Of Columbia

Anyone with the time and inclination is welcome to see bar discipline this action this afternoon at 2 pm when the District of Columbia Board on Professional Responsibility hears arguments in In re Jay Weiss.

The ad hoc hearing committee recommended a 90-day suspension and had this to say about the respondent's attitude

Certainly, Respondent has the right to put the evidence of Disciplinary Counsel to the test on its burden of proof. Such action is not counted against Respondent in any way. However, what is counted against Respondent is his attitude toward his misconduct. First, while blaming his secretary for misfiling, he “acknowledges” that the case was his responsibility. What Respondent fails to realize is that it was not the filing of the case folder in the wrong drawer that is the issue. Rather, it is everything he did and did not do after the case jacket was sent to the “Never Never Land” of the criminal filing drawer. He sat on a case doing absolutely nothing while assuring Mr. Morgan that he was looking after his interests. He did not even know where the file was. What happened is Respondent’s fault and not his secretary’s. After the discovery of his failure to file the case before the lapse of the statute of limitations, Respondent played a coy game with [client] Mr. Morgan while he tried to figure a way to limit his own liability. When discovered by another attorney, he continued to try to bluff his way out without facing responsibility. He insulted the client to Ms. Bezdicek by saying that all he (Mr. Morgan) was interested in was money. He gratuitously insulted Mr. Morgan by referring to him as “the Mayor of Georgia Avenue.” This was clearly an insult implying that Mr. Morgan had an inflated sense of his own importance. It is uncertain what would have happened to Mr. Morgan if he had not had Ms. Bezdicek follow up on the case. It was her diligence alone that finally brought Respondent’s conduct to light. Respondent has never truly acknowledged his misconduct in any way.

Should be interesting. The argument will be held in the District of Columbia Historic Courthouse. (Mike Frisch)

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