In re Samad
51 A.3d 486
| D.C. | 2012Background
- Respondent Richard A. Samad was found to commit 40 violations of 14 Rules in six matters; Board recommended three-year suspension, fitness to practice, and restitution of $2,500 to Williams.
- The Hearing Committee found substantial evidence supporting most factual findings; Board adopted those findings and prepared a longer suspension due to pattern of conduct.
- Williams matter: Respondent failed to prepare, investigate, or file motions; he appeared unprepared at trial, causing bench warrant and new counsel for Williams.
- Carthens matter: Respondent arrived late to a morning session, caused disruption, and the judge recused; violations included failure to disobey tribunal rules and interference with justice.
- McAllister matter: Respondent charged flat fee, provided minimal services, failed to file a requested motion for sentence reduction, and did not communicate adequately.
- Montgomery matter: Respondent stopped representation after fee dispute and failed to protect client’s interests or withdraw properly, delaying proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Board’s findings of misconduct are supported | Samad engaged in pattern of neglect and dishonesty | Board’s conclusions reflect tactical judgments or limited scope representations | Supported; substantial evidence shows neglect and dishonest acts |
| Whether Hill and Williams matters establish Rule violations | Violations of competence, diligence, communication, and honesty | Some actions were tactical decisions not improper | Violations proven; Board’s conclusions upheld |
| Whether Respondent’s false statements to tribunals were proven | Respondent knowingly lied or misled tribunals | Any statements were not knowingly false or material | Proven; findings of false statements sustained |
| Whether the sanction of three-year suspension with fitness and restitution is appropriate | Maximum suspension warranted due to extensive misconduct | Less severe sanction could suffice given circumstances | Three-year suspension with fitness and restitution affirmed |
| Whether restitution to Williams is warranted | Unauthorized fees and unearned portion must be refunded | Limited scope of fee arrangement limits restitution | Restitution ordered; $2,500 plus interest |
Key Cases Cited
- In re Scott, 19 A.3d 774 (D.C.2011) (long suspension possible for pattern of misconduct)
- In re Steele, 868 A.2d 146 (D.C.2005) (maximum three-year suspension with fitness)
- In re Ukwu, 926 A.2d 1106 (D.C.2007) (pattern of neglect can justify lengthy suspension)
- In re Cleaver-Bascombe, 986 A.2d 1191 (D.C.2010) (pattern of misconduct supports maximum sanction)
- In re Pullings, 724 A.2d 600 (D.C.1999) (distinguishable; involves different misconduct (no dishonesty))
- In re White, 11 A.3d 1226 (D.C.2011) (board’s sanction review and fitness considerations)
