In re Steven A. Mundie
453 F. App'x 9
| 2d Cir. | 2011Background
- The Second Circuit referred Mundie to its Committee on Admissions and Grievances in March 2009 for investigation and possible disciplinary measures.
- A March 2010 hearing was held; Mundie testified and was represented by counsel; the Committee later filed its report and recommendations.
- The Committee found clear and convincing evidence of misconduct, notably defects in Mundie’s Yi Mei Li brief copied from a Chen brief and widespread failure to comply with scheduling orders causing many case dismissals.
- Mundie admitted factors including copying language and inadequately tailoring the Chen brief to Yi Mei Li; he asserted the Li brief’s drafting was inadvertent and his editing was incomplete.
- The Court issued an order in March 2009 and a supporting report in October 2010, recommending discipline and additional remedial measures (public reprimand, six hours of CLE on law office management, and reporting requirements).
- Mundie contends for a private reprimand, but the Court adopts the Committee’s recommendation for public discipline and additional conditions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mundie engaged in professional misconduct warranting discipline | Mundie contends conduct did not warrant public discipline. | Committee found pervasive filing defaults and copied material showed lack of diligence and professional responsibility. | Yes; public reprimand and additional sanctions warranted. |
| Whether public reprimand is the appropriate sanction | Mundie requested private reprimand. | Committee balanced mitigating factors but found public reprimand appropriate. | Public reprimand imposed. |
| Whether Mundie should be required to attend CLE on law office management | N/A beyond disciplinary recommendation. | Committee recommended six hours of CLE in law office management. | Yes; Mundie must complete six hours of CLE. |
| Whether Mundie must comply with ongoing reporting requirements | N/A beyond disciplinary recommendation. | Committee proposed sworn reporting on diligence and timely filings over four periods. | Yes; four periodic reporting obligations imposed. |
| Whether the Li brief copying constitutes plagiarism or misconduct | Li brief copied model language; potential plagiarism. | Committee found copying was inadvertent and not systemic plagiarism. | Not pure plagiarism; nonetheless conduct sufficient to support discipline. |
Key Cases Cited
- In re Snyder, 472 U.S. 634 (1985) (conduct unbecoming a member and the standards for sanction)
- Amnesty Am. v. Town of W. Hartford, 361 F.3d 113 (2d Cir. 2004) (negligence and competence standards in sanctions context)
- Gadda v. Ashcroft, 377 F.3d 934 (9th Cir. 2004) (negligence and professional responsibility sanctions)
- Matter of Kraft, 543 N.Y.S.2d 449 (N.Y. App. Div. 1989) (violations of professional responsibility rules and sanctions framework)
- In re Bitheney, 486 F.2d 319 (1st Cir. 1973) (discipline standards and conduct unbecoming a member of the bar)