Washington Lawyer - May 2017 - 49

DISCIPLINARY SUMMARIES

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Disciplinary Actions Taken by the District
of Columbia Court of Appeals
Original Matters
In re Patrick J. Christmas Sr. Bar No. 85985.
February 2, 2017. On consideration of the
petition of the Board on Professional
Responsibility to suspend Christmas
indefinitely based on disability, the D.C.
Court of Appeals indefinitely suspended
Christmas from the practice of law in the
District of Columbia, effective immediately.
Reciprocal Matters
In re Menachem E. Lifshitz. Bar No. 428625.
February 23, 2017. In a reciprocal matter from
New York, the D.C. Court of Appeals imposed
identical reciprocal discipline and disbarred
Lifshitz, nunc pro tunc to November 20, 2008.
Lifshitz pleaded guilty to one count of filing
a false personal tax return in violation of N.Y.
Tax Law § 1804(b).
Disciplinary Actions Taken by the Board
on Professional Responsibility
Original Matters
In re Abigail Askew. Bar No. 497703. February 9,
2017. The Board on Professional Responsibility
recommends that the D.C. Court of Appeals
suspend Askew for six months with fitness. While
appointed to represent a client in an appeal of his
felony conviction of a violation of the Bail Reform
Act, Askew failed to communicate with the client,
failed to file a brief on the client's behalf, and
failed to otherwise respond to court orders. Rules
1.1(a), 1.1(b), 1.3(a), 1.4(a), 1.4(b), 3.4(c), and 8.4(d).
In re Squire Padgett. Bar No. 206128. February 1,
2017. The Board on Professional Responsibility
recommends that the D.C. Court of Appeals
disbar Padgett with restitution as a condition
of reinstatement, with interest at the legal rate.
This matter involves Padgett's representation
of multiple clients over the past decade.
Padgett engaged in serious and pervasive
misconduct, including intentional or reckless
misappropriation of entrusted funds, criminal
conduct by knowingly providing checks drawn

on an account with insufficient funds, other
dishonest acts directed at clients and third
parties, abandoning firm clients and their
matters after the courts suspended the other
lawyer in his firm, taking and then failing to
safe keep client files and documents, and other
misconduct in his dealings with his clients. In
addition, Padgett engaged in further misconduct during Disciplinary Counsel's investigations by failing to respond to Disciplinary
Counsel's inquiries, making false and misleading statements when he did respond,
failing to turn over documents and comply
with subpoenas, and failing to comply with
Board and court orders, including an order
directing him to produce files and documents
relating to his firm's representation of 32 clients
who had filed complaints against Padgett's
firm. Rules 1.3(a), 1.3(b)(2), 1.3(c), 1.4(a), 1.4(b),
1.5(b), 1.15(a), 1.15(d), 1.16(d), 5.1(a), 5.1(b), 5.1(c)
(2), 8.4(b), 8.4(c), and 8.4(d), and D.C. Bar R. XI,
§ (2)(b).
In re Jejomar Untalan. Bar No. 978229. February 6,
2017. The Board on Professional Responsibility
recommends that the D.C. Court of Appeals
suspend Untalan for six months, with all but 60
days stayed in favor of one year of probation,
subject to conditions. Untalan was appointed by
the D.C. Court of Appeals to represent clients in
seven criminal and/or juvenile appellate matters
under the Criminal Justice Act, but he failed
to timely file briefs in those matters and failed
to respond to the court's orders to file a brief.
As a result, the court vacated his appointments,
directed him to turn over his files to successor
counsel, and removed him from the CJA list. Rules
1.1(a), 1.1(b), 1.3(a), 1.3(b)(1), 1.3(c), 3.4(c), and 8.4(d).
The Office of Disciplinary Counsel compiled the foregoing summaries of disciplinary actions. Informal
Admonitions issued by Disciplinary Counsel and
Reports and Recommendations issued by the Board
on Professional Responsibility are posted at www.
dcattorneydiscipline.org. Most board recommendations as to discipline are not final until considered by
the court. Court opinions are printed in the Atlantic
Reporter and also are available online for decisions
issued since August 1998. To obtain a copy of a recent
slip opinion, visit www.dccourts.gov/internet/opinionlocator.jsf

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