In re Suárez-Jiménez

666 F. App'x 2
CourtCourt of Appeals for the First Circuit
DecidedDecember 20, 2016
DocketNo. 15-8022
StatusPublished
Cited by1 cases

This text of 666 F. App'x 2 (In re Suárez-Jiménez) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Suárez-Jiménez, 666 F. App'x 2 (1st Cir. 2016).

Opinion

Per Curiam.

The Supreme Court of Puerto Rico indefinitely suspended respondent Manuel R. Suárez-Jiménez (“Suárez”) from the practice of law, prompting this court to issue an order to show cause why it should not impose reciprocal discipline. Having [3]*3carefully considered the arguments Suárez advanced in his brief and during his hearing before our disciplinary panel, we now order that Suárez be indefinitely suspended from practice before this court.

On December 17, 2014, the Supreme Court of Puerto Rico ordered the indefinite suspension of Suarez based on his violations of the Puerto Rico Professional Ethics Code. Suárez Jiménez, 2014 TSPR 143, 192 D.P.R. 152 (2014) (per curiam). Those violations occurred in the course of Suarez’s representation of the plaintiffs in a lawsuit filed in the United States District Court for the District of Puerto Rico, captioned Rivera-Carmona v. American Airlines, 639 F.Supp.2d 194 (D.P.R. 2009). After the plaintiffs initiated that lawsuit, the defendant achieved a transfer of venue to the United States District Court for the Southern District of Florida, Miami Division. The transfer created an immediate problem for Suárez—he was not licensed in Florida, and not otherwise permitted to appear by himself in that United States District Court. Rather than doing what any reasonable lawyer would do in such a situation (notify the court that some time was needed for his clients to secure local Florida counsel), Suarez informed the court and his clients that he intended to file a motion for remand, which he likely could not do on his own. Worse yet, he then did nothing to preserve his clients’ lawsuit, which the district court in Florida eventually dismissed without prejudice in April of 2010.

Nine months later, one of the plaintiffs swore a grievance before the Supreme Court of Puerto Rico. According to the grievance, Suárez told the plaintiffs he would “do everything possible to remand the case again to Puerto Rico since he was not knowledgeable of Miami laws,” but then informed the plaintiffs that “the case was dismissed because he was unable to appear in the state of Florida.” The grievance stated that the plaintiffs did not know the status of their case—including whether Suarez appealed the dismissal as promised—due to “poor communication” by Suárez. It requested a copy of the case file and concluded, “We want to know if he is following up on the case because he does not answer calls nor emails.”

The grievance prompted an investigation by the Office of the Solicitor General of Puerto Rico, which found that the evidence collected in its investigation substantiated the grievance. That office issued a report to the Supreme Court of Puerto Rico on March 9, 2012, stating that Suárez may have violated four ethical canons: the duty to render competent service and diligent representation (Canon 18); the duties upon withdrawal from representation (Canon 20); the duty of candor toward clients and colleagues (Canon 35); and the duty to uphold the dignity and honor of the legal profession (Canon 38). The Supreme Court of Puerto Rico, after evaluating the report, ordered the Solicitor General to present a complaint with formal charges for those violations. That court then appointed a Special Commissioner to review the materials and make a recommendation on the charges.

In 2014, the Special Commissioner issued a report concluding that clear and convincing evidence supported all four charges in the complaint. The report recommended indefinite suspension. After conducting a searching review of the report and recommendation, the Supreme Court of Puerto Rico found violations of the four canons outlined above. With respect to Canons 18 and 20, the court found that Suarez’s inaction post-transfer—and resulting violations of local rules and court orders—caused dismissal of the plaintiffs’ lawsuit. It rejected his arguments that the retainer agreement limiting his services to [4]*4litigation in the District of Puerto Rico, or his inability to receive electronic notices in the Southern District of Florida, excused his inaction—particularly because he never informed the court or his opposing counsel that he was unable to practice in the latter forum and conducted himself in a manner suggesting he was able to practice there. The court also rejected his argument that, because the dismissal was without prejudice, he did not violate his ethical duties. With respect to Canon 35, the court found that Suárez’s inconsistent statements and actions confused his clients, opposing counsel, and the court regarding his ability to practice in the Southern District of Florida and his efforts to transfer the case back to the District of Puerto Rico. And finally, with respect to Canon 38, the court found that the totality of Suárez’s conduct did not “exalt the honor nor the dignity of the profession” due to “serious deviations from the ethical rules.” The court imposed an immediate and indefinite suspension, and denied two subsequent motions by Suárez for reconsideration.

Upon receiving the Supreme Court’s order, this court initiated disciplinary proceedings through an order to show cause. The United States District Court for the District of Puerto Rico did the’same and imposed reciprocal discipline by order dated October 8, 2015. It agreed with the findings of the Supreme Court and further held that Suárez violated the rules of professional conduct applicable to attorneys admitted to practice in the district court. An appeal of that order is not presently before this panel. Instead, our inquiry is limited to the appropriateness of imposing reciprocal discipline in this court.

“Our standards for imposing reciprocal discipline are clear and are set forth in In re Williams, 398 F.3d 116 (1st Cir. 2005) (per curiam).” In re Oliveras López De Victoria, 561 F.3d 1, 3 (1st Cir. 2009). We impose substantially similar discipline to that imposed in the state court unless the respondent persuades us

1. that the procedure used by the other court was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; or
2. that there was such an infirmity of proof establishing the misconduct as to give rise to the clear conviction that this Court could not, consistent with its duty, accept as final the conclusion on that subject; or
3. that the imposition of substantially similar discipline by this Court would result in grave injustice; or
4. that the misconduct established is deemed by the Court to warrant different discipline.

In re Williams, 398 F.3d at 116 (quoting 1st Cir. R. Att’y Discip. Enf. (Discip. R.) II.C); see also Fed. R. App. P. 46(b)(1)(A). The respondent bears the burden to demonstrate “by clear and convincing evidence ... that the imposition of substantially similar discipline is unwarranted.” In re Barach, 540 F.3d 82, 85 (1st Cir. 2008). “Given the limited nature of our inquiry, the norm will be for this court to impose discipline which is substantially similar to that imposed by the state court.” In re Williams, 398 F.3d at 119 (citing In re Hoare, 155 F.3d 937, 940 (8th Cir. 1998)).

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666 F. App'x 2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-suarez-jimenez-ca1-2016.