Machado v. Statewide Grievance Committee

890 A.2d 622 (2006)

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Legal Analysis

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

P was retained by the Adams, to represent him in a bankruptcy proceeding. Adams was in prison. Adams instructed P to communicate with Kendra Cihocki. Cihocki delivered an $850 check as a retainer for Adams' bankruptcy filing. Cihocki instructed P to obtain the release of a sales tax lien that had been placed on a business owned by Adams and Cihocki. P provided to remove the sales tax lien. The retainer was depleted. Cihocki retained new counsel. No funds were left to pursue Adams' bankruptcy, and P did nothing nor did P inform Adams that he no longer was pursuing the bankruptcy proceeding. In August 2000, P closed his office, and he released his last staff. Adams attempted to contact P by telephone and mail and never received a response. Adams filed a complaint with D. D found probable cause to believe that P had violated rules 1.2, 1.4 (a), 1.5 (b) and 1.15 (b) of the Rules of Professional Conduct. After a hearing, a decision to reprimand P was issued. for violating rules 1.2 (a) and 1.4 (a) of the Rules of Professional Conduct. P appealed, and the Court dismissed P's appeal and denied a motion for reconsideration and reargument. P appealed.

Issues

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Holding & Decision

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