Narrative Opinion Summary
This case involves a disciplinary proceeding against a member of the District of Columbia Bar, who was found to have neglected legal matters and engaged in conduct prejudicial to the administration of justice. The attorney represented several involuntarily committed mental health clients under emergency civil commitment procedures but failed to adequately communicate with them or protect their legal rights, leading to neglect in the handling of their cases. The Board on Professional Responsibility determined that the attorney violated multiple disciplinary rules, including DR 6-101(A)(3) and DR 1-102(A)(5). As a result, the Board recommended a sixty-day suspension, which was stayed for one year with probationary conditions due to the attorney's previously unblemished disciplinary record and extensive representation at St. Elizabeth’s as court-appointed counsel. The court adopted these recommendations, ensuring they were consistent with similar cases. The suspension will be reinstated under specific conditions, such as contempt of court or failure to report procedural failings. The case underscores the importance of diligence and communication in representation under emergency civil commitment statutes.
Legal Issues Addressed
Conduct Prejudicial to the Administration of Justice under DR 1-102(A)(5)subscribe to see similar legal issues
Application: The respondent's actions were deemed reckless and prejudicial to justice, resulting in the need for replacement counsel.
Reasoning: The Board found that the respondent violated DR 1-102(A)(5), determining his conduct was reckless and prejudicial to the administration of justice.
Emergency Civil Commitment Proceduressubscribe to see similar legal issues
Application: The respondent's failure to inform and represent clients in accordance with their rights under the emergency civil commitment procedures led to disciplinary action.
Reasoning: Zdravkovieh represented three involuntarily committed mental health clients under the District of Columbia's emergency civil commitment procedures.
Neglect of Legal Matters under DR 6-101(A)(3)subscribe to see similar legal issues
Application: The respondent failed to adequately communicate and engage with clients, resulting in neglect of their legal rights and needs.
Reasoning: The Board on Professional Responsibility found that Zdravkovieh neglected legal matters, violating DR 6-101(A)(3).
Probationary Conditions for Stayed Suspensionsubscribe to see similar legal issues
Application: The respondent's suspension was stayed for one year with conditions, reflecting consideration of his prior disciplinary record and client representation experience.
Reasoning: The Board recommended a sixty-day suspension, which was modified to a stayed suspension for one year with probationary conditions.
Professional Responsibility and Disciplinary Proceedingssubscribe to see similar legal issues
Application: Proceedings were governed by the Code of Professional Responsibility due to their timing, and the sanctions were aligned with precedents in similar cases.
Reasoning: The proceedings are governed by the Code of Professional Responsibility due to their occurrence before January 1, 1991.