In response to our order to show cause why we should not adopt the report of the board, respondent filed objections, attaching an affidavit about his twenty-four years of practice, his public service, his former employment by CMHA, and his not having entered into a contract with Tyus. He also averred that he had not received any subpoena from relator and had not received any requests from Tyus for the return of documents. He further said that he had settled with Tyus. Respondent expressed his remorse and regret at not cooperating with relator’s investigation, ascribing his failure to clinical depression for
We accept the findings and conclusions of the board. However, no evidence exists that the return receipt accompanying Tyus’s demand for the return of her documents bore respondent’s signature. Even Tyus’s own affidavit states that the receipt was “[apparently” signed by respondent. Given these circumstances, we would have imposed only a public reprimand for respondent’s violation of the Disciplinary Rules.
But the evidence is clear that respondent also completely failed to cooperate with relator’s investigation, failed to answer the complaint, and failed to reply to the default-judgment motion. Only after we issued an order to show cause did respondent awake to the consequences of his inaction and make a belated attempt to excuse and justify his failure to cooperate.
Although we were impressed at oral argument by respondent’s forthright admission of and remorse for his failure to abide by the Rules for the Government of the Bar, as we said in Lake Cty. Bar Assn. v. Vala (1998),
Judgment accordingly.
