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It is persistently uncomfortable to see a lawyer accused of error or poor behavior. Too often, the news reports on attorneys who are accused of straying from the path. Petition for Disciplinary Revocation (August 2022). Judges too, are not immune from such challenges. Public Confidence (July 2022); Sign Language and Curiosities (July 2022). In Disciplinary Revocation, the story reportedly involved and "attorney already under emergency suspension." According to Law360, emergency suspension are somewhat rare. The Daily Business Review reported recently on the Florida Supreme Court denying a petition for such suspension.
The Florida Supreme Court can impose an emergency suspension under Rule 3-5.2(a)(1) of the Rules Regulating The Florida Bar if allegations are:
"supported by 1 or more affidavits demonstrating facts personally known to the affiants that, if unrebutted, would establish clearly and convincingly that a lawyer appears to be causing great public harm."
This all came to mind when a recent story appeared in my news feed about a saga in North Carolina. The chair of a county commission there is making news related, at least in part, with the reasonably recent closure of her law practice. The "North Carolina State Bar" alleges that the attorney "mismanaged client money." Apparently there was also some delay in the attorney producing financial records regarding the law firm.
That seems to have instigated some legal proceedings. Star News Online reported that a court had "issued a preliminary injunction and temporary restraining order" against the attorney "to prevent her from handling client funds." The court also directed the attorney to "hand over financial records to the bar." The State Bar then alleged that the lawyer had "failed to comply with that court order" to produce records. That led to the judge concluding the attorney was "in contempt of court after failing to appear" in court as ordered. Instead of appearing, according to the news, the attorney was "on vacation" out of the country.
The news story involves allegations regarding client funds, trust accounts, disbursements, and withdrawals. According to WHQR, the attorney later admitted "she failed to keep proper ledgers and acknowledge(ed) she deserves to be disciplined." The attorney also reportedly asked for accommodation and relief from "an order for her arrest" (likely the contempt charge mentioned above). According to Port City Daily, the attorney "is (now) asking to surrender her law license as punishment." Reportedly, the attorney has been a member of the North Carolina bar since 1993.
The story has various twists and turns in it. The Port City Daily published another article including familial recriminations regarding the attorney's reaction to the contempt order, a family vacation, and more. Another Port City article repeats claims that the attorney experienced challenges in getting documents notarized from Italy during the vacation, and mentions the U.S. Embassy.
Whether the result is an emergency suspension or contempt proceedings, the point is that it makes sense to be responsive when the authorities (the Bar or a court) begins to ask questions.
The lessons from this story are reasonably clear. First, being a lawyer is a tremendous honor, which comes with a great deal of responsibility. Managing other people's money, possessions, secrets, confidences, and lives can be an epic burden. Second, however, is that mistakes can happen. They rarely mend themselves or quietly go away. Ignored, simple errors can grow, fester, and even multiply. Third, requests from the bar for records are serious business. Such a request is not a positive sign for a lawyer and immediate attention is a must if discipline is to be minimized or avoided.
Beyond those, it is likely fair to conclude that this case would not have generated near the news coverage had the lawyer not been a former North Carolina Senator, public figure, and current Chair of a county commission. Public figures are seemingly more newsworthy in our society. But, even without those factors, this story would not have attracted as much attention if the courts had not been asked to become involved in forcing a response from the lawyer.
By not responding, and allowing the matter to proceed to a hearing and contempt conclusions, the lawyer seemingly attracted more attention and interest. A simple truth is that most people have a dim view of the word "contempt" and though they may lack comprehension of its legal nuances, they know what (they think) it means. And, they tend to think it is bad. Allowing a matter to proceed to a point where such an order is even considered, "contempt proceedings," is an outcome to avoid.
Beyond that, when a court has ordered you to do something, action is not merely recommended. The steps illustrated here, bar request, motion for temporary restraining order, court order, contempt proceedings, all seem to illustrate an escalation of seriousness. Anyone should be able to see that escalation. The escalation is no less clear when a Bar seeks an emergency suspension. It is a sign of potential trouble in the offing.
Lawyers, even non-lawyer parties, should recognize when action or inaction is exacerbating a situation. At each escalation (from request to demand, to order, to hearing), the import of the situation should be increasingly clear as should be the motivation to find a path to slow or stop the situation's process. Each escalation should encourage or require that the person find a path that at least starts toward a resolution or better communication. Missing a hearing, the chance to tell your side of the story, is not a positive step in any legal proceeding.
Finally, the truth is that:
Making your way in the world todayTakes everything you've gotTaking a break from all your worriesSure would help a lot
That is from the introduction theme to sitcom Cheers (1992-1993). And, it rings true. Vacations are a critical element of our working lives, though I learned that late in life (in 2019 I took my first two week vacation since college). Mr. Justice Brandies, who had some connection to workers' compensation in the day, is reported to have noted: “I can do 12 months’ work in 11 months, but not 12.” It is apropos to remind ourselves of the importance of personal time.
According to Forbes, some companies are even forcing employees to take a vacation. The writers at The Big Bang Theory took a shot at that conundrum with workaholic Sheldon in The Vacation Solution (2012). It illustrated the reluctance of some "type-a" personalities to shake it off and shut it down once in a while. Some of us are not well suited for vacations, but give it a try and you may find it is a better fit than you suspected.
In a word, vacation is good. That said, it can be hard to accomplish things from half way around the world. The time to clear up demands like a legal proceeding, document production, compliance with legal mandates, etc. is before you depart for that much-needed break. We can easily understand and predict that obtaining and notarizing documents from your Italian vacation will be a challenge. Get that done before departing. That you need a break will likely be accommodated if you are making the effort before. That your business (professional and personal) is not tended to before or during your absence is less likely to be forgiven or accommodated.
Mistakes will happen. Challenges will arise. Requests may come. The time for addressing each is immediate. Recovery from not appearing at the contempt hearing or not responding to the records request is far more arduous. Fixing or ameliorating procrastination or inattention will be more work, and is more likely to cast us in a negative light. Be responsive, contrite, and remediate as rapidly as practical. Respond before your license is suspended (or even threatened) and before you are in contempt.
By Judge David Langham
Courtesy of Florida Workers' Comp
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About The Author
About The Author
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Judge David Langham
David Langham is the Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims at the Division of Administrative Hearings. He has been involved in workers’ compensation for over 25 years as an attorney, an adjudicator, and administrator. He has delivered hundreds of professional lectures, published numerous articles on workers’ compensation in a variety of publications, and is a frequent blogger on Florida Workers’ Compensation Adjudication. David is a founding director of the National Association of Workers’ Compensation Judiciary and the Professional Mediation Institute, and is involved in the Southern Association of Workers’ Compensation Administrators (SAWCA) and the International Association of Industrial Accident Boards and Commissions (IAIABC). He is a vocal advocate of leveraging technology and modernizing the dispute resolution processes of workers’ compensation.
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