Washington Lawyer - January/February 2025 - 42

DISCIPLINARY SUMMARIES
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Disciplinary Actions Taken by the
District of Columbia Court of Appeals
Original Matters
In re Michael Alexei. Bar No. 999055. August 1,
2024. The D.C. Court of Appeals held that as
a default matter, when an attorney agrees to
perform legal services for a flat fee, the attorney
does not earn any part of the fee and
may not withdraw funds advanced by the
client until the attorney has completed the
agreed-upon services. Attorneys may deviate
from the default rule by specifying in their
fee agreement how portions of the fee are
to be earned or by obtaining the client's informed
consent to treat advance payments
as attorney property. Because the court has
not previously announced this interpretation,
it determined to apply its holding prospectively
only. Accordingly, although Alexei withdrew
most of an advance payment from trust
without completing the contemplated services,
the court declined to find that he violated
Rule 1.15(a).
In re Alisha E. Gordon. Bar No. 1010943. August
15, 2024. The D.C. Court of Appeals accepted
Gordon's petition for negotiated discipline
and publicly censured her with the
requirement that she complete six hours of
continuing legal education preapproved by
the Office of Disciplinary Counsel for violations
of Rules 3.3(a), 8.4(c), and 8.4(d). Gordon
voluntarily acknowledged that she knowingly
made a false statement of fact to a tribunal
and failed to correct it. Gordon further
admitted that she thereby also engaged in
conduct involving dishonesty or misrepresentation
that seriously interfered with the
administration of justice.
In re Brian R. Gormley. Bar No. 488494. August
22, 2024. The D.C. Court of Appeals accepted
Gormley's petition for negotiated discipline
and publicly censured him with practice management
and continuing legal education requirements
for violations of Rules 1.7(b) and
5.1(a). Gormley voluntarily acknowledged that
he took on new clients in a quiet title case in
which they were adverse parties to an existing
client of Gormley in a probate case, did
not seek any of the clients' informed consent,
and could not produce any records that his
firm had performed a conflict check.
In re Bruce A. Johnson Jr. Bar No. 445925.
August 29, 2024. The D.C. Court of Appeals
disbarred Johnson for reckless misappropriation
in violation of Rules 1.15(a) and (e). The
court did not address the other misconduct
found by the Board on Professional Responsibility.
In
re Kristopher E. Twomey. Bar No. 979338.
August 29, 2024. The D.C. Court of Appeals
suspended Twomey for two years. While retained
to represent two telecommunications
companies that were seeking regulatory approvals
entitling them to federal funds for
providing high-speed internet service in rural
areas under the Federal Communications
Commission's Rural Digital Opportunity Fund,
Twomey violated Rules 1.3(c) (reasonable
promptness), 1.4(a) (communication), 1.4(b)
(failure to explain matter), 4.1(a) (false statement
to third person), and 8.4(c) (dishonesty,
fraud, deceit, or misrepresentation). Specifically,
Twomey knew that one state would decline
jurisdiction, but he failed to make goodfaith
efforts to obtain a formal declination in
time to meet the deadline. Twomey also
failed to tell both clients that he was not on
track to timely obtain Eligible Telecommunication
Carrier (ETC) status in four of the five
states, which deprived them of the opportunity
to reassign the state applications to other
counsel and maintain their ability to seek a
deadline waiver, if necessary. Finally, Twomey
gave affirmatively false assurances to his clients
regarding the status of the ETC applications
in those four states.
Reciprocal Matters
In re Kellee G. Baker. Bar No. 992003. September
26, 2024. In a reciprocal matter from Maryland,
the D.C. Court of Appeals imposed reciprocal
discipline and suspended Baker for
one year with fitness. Baker was indefinitely
suspended in Maryland with the right to apply
for reinstatement after one year.
In re Rudolph W. Giuliani. Bar No. 237255.
September 26, 2024. In a reciprocal matter
from New York, the D.C. Court of Appeals imposed
identical reciprocal discipline and disbarred
Giuliani nunc pro tunc to August 9,
2021. In New York, Giuliani was found to have
made a series of intentionally false statements,
some of which were perjurious, in an
effort to undermine the integrity of the United
States' electoral process.
In re Andrew M. Maestas. Bar No. 987607. August
1, 2024. In a reciprocal matter from Arizona,
the D.C. Court of Appeals imposed reciprocal
discipline and suspended Maestas for 120
days with fitness and reinstatement in Arizona
as a condition. Maestas admitted to neglect,
failure to keep the client apprised of the status
of the representation, failure to provide a written
fee agreement, failure to expedite litigation,
failure to cooperate with the disciplinary
process, and knowingly disobeying an obligation
under the rules of a tribunal.
Interim Suspensions Issued
by the D.C. Court of Appeals
In re Lawrence J. Anderson. Bar No. 439983.
August 13, 2024. Anderson was suspended
on an interim basis based upon discipline
imposed in Maryland.
In re Yasha Clark. Bar No. 1617278. September
18, 2024. Clark was suspended on an interim
basis based upon an interim suspension imposed
in Louisiana.
In re Marcy Gendel. Bar No. 306183. August
28, 2024. Gendel was suspended on an interim
basis based upon discipline imposed in
New Jersey.
In re Francis H. Koh. Bar No. 486602. September
18, 2024. Koh was suspended on an interim
basis based upon discipline imposed in
Virginia.
In re Steven Kreiss. Bar No. 58297. September
23, 2024. Kreiss was suspended on an interim
basis pursuant to D.C. Bar R. XI, § 9(g), pending
final action on the Board on Professional
Responsibility's July 29, 2024, recommendation
of a one-year suspension with fitness.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
42 WASHINGTON LAWYER
* JANUARY/FEBRUARY 2025
Washington Lawyer - January/February 2025

Table of Contents for the Digital Edition of Washington Lawyer - January/February 2025
