In re Zdravkovich

671 A.2d 937, 1996 D.C. App. LEXIS 26, 1996 WL 87404
CourtDistrict of Columbia Court of Appeals
DecidedFebruary 29, 1996
DocketNo. 93-BG-241
StatusPublished
Cited by1 cases

This text of 671 A.2d 937 (In re Zdravkovich) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Zdravkovich, 671 A.2d 937, 1996 D.C. App. LEXIS 26, 1996 WL 87404 (D.C. 1996).

Opinion

PER CURIAM:

Following a hearing in this disciplinary case, the Board on Professional Responsibility (Board) issued a Report and Recommendation (report) agreeing with the Hearing Committee’s (Committee) findings that respondent, Dushan Zdravkovieh, a member of the District of Columbia Bar, neglected legal matters entrusted to him and engaged in conduct prejudicial to the administration of justice in violation of DR 6-101(A)(3) and DR 1-102(A)(5) respectively.1 The Board adopted the Committee’s recommendation that respondent be suspended for sixty days. However, the Board modified the recommendation to include a provision that the suspension be stayed for one year during which respondent would be placed on probation with conditions.2 Respondent timely filed exceptions to the Board’s report, but subsequently withdrew them.

I.

The violations arose out of respondent’s representation of three mental health clients who were involuntarily committed to Saint Elizabeth’s Hospital under the emergency civil commitment procedures of the District of Columbia Hospitalization of the Mentally Ill Act (the Act), D.C.Code § 21-501 et seq. (1989). Respondent was the court-appointed attorney for Jesse J. Price, Juanita Lassiter, and Amil Rosebure. After a five-day hearing, a Hearing Committee found that respondent negligently failed to pursue his clients’ cases and engaged in conduct prejudicial to the administration of justice.3

II.

A. The Price Case

Mr. Price was brought to St. Elizabeth’s Hospital on January 12, 1990, for emergency hospitalization under D.C.Code §§ 21-521, - 522. On January 16, 1990, the hospital filed a petition for an order continuing hospitalization for up to seven days. The Superior Court granted the petition that same day and appointed respondent to represent Mr. Price, along with five other clients. Respondent fulfilled his obligations to three of the clients, but testified that he was not informed of his representation of Mr. Price until January 24, 1990. By that date, Mr. Price’s right to request a probable cause hearing had passed. Based upon evidence concerning the procedures by which the court notifies attorneys of their appointments to represent mental health patients, including monitoring and telephone calls to the attorneys to ensure that materials were picked up within two to three days of appointment, the Hearing Committee determined that it was unlikely that respondent remained unaware of the appointment.

Even after respondent received notice of his representation of Mr. Price on January 24, he failed to meet or speak with Mr. Price to explain his legal rights and determine whether Mr. Price wanted to exercise them. Respondent testified that sometimes the court would allow a probable cause hearing [939]*939after the statutory seven days, but respondent did not ascertain whether Mr. Price wanted such a hearing. Respondent testified he thought that a probable cause hearing would be “an exercise in futility.” He testified that he attempted to speak with Mr. Price by telephone, but Mr. Price would not accept his call. Mr. Price did not attend his hearing at the Mental Health Commission on February 6. The Commission rescheduled the hearing for February 20. In the interim, Mr. Price sought other counsel at the Washington Legal Clinic for the Homeless, Mr. Richard Fugate. Mr. Fugate contacted Ms. Laurie Davis, an attorney at the Mental Health Division of the Public Defender Service (PDS). Ms. Davis investigated the matter and found that respondent represented Mr. Price and that Mr. Price was entitled to a hearing. Mr. Fugate related this information to Mr. Price along with Ms. Davis’ telephone number. Mr. Price telephoned Ms. Davis who informed him that he should contact respondent, and she gave him respondent’s telephone number. Mr. Price left several messages with respondent’s secretary, but never spoke with respondent. On February 15, Ms. Davis informed Mr. Price that the Commission had rescheduled his hearing for February 20. Mr. Price explained that he wanted a new attorney and Ms. Davis advised him to request one in writing.

Respondent did not attend the hearing on February 20. He testified that he thought the date was tentative, and he arranged other meetings for that day in Maryland. On February 20, the Chair of the Mental Health Commission called respondent to request his attendance, but respondent was prevented from leaving his office because of a bomb scare at the adjacent Prince George’s County Courthouse in Maryland. The hearing was rescheduled for February 22.

At the February 20 hearing, Mr. Price informed the Chief of the PDS Mental Health Division, Mr. Harry Fulton, that he wanted another attorney. Mr. Fulton decided not to replace respondent, and told Mr. Price that he had spoken to respondent that morning and respondent promised to contact Mr. Price before a new hearing. Respondent or his staff left a message for Mr. Price at the hospital stating that respondent would soon visit, but respondent never did so. Respondent failed to appear for the February 22 hearing, and the Commission removed him as counsel, appointed Mr. Fulton and rescheduled the hearing for March 22, 1990. Respondent testified that when the Chair of the Mental Health Commission told him the hearing was for “next Thursday,” he understood that to mean the hearing was on March 1, not February 22.

Mr. Price’s new counsel requested a probable cause hearing on February 26 based on Mr. Price’s sworn affidavit that he had not been advised by counsel, that respondent had not met with him or returned his February 12 telephone call, or attended the scheduled hearings on February 20 and 22. The court granted the probable cause hearing, but the issues to be decided in the hearing were rendered moot by the hospital’s conversion of Mr. Price’s status from involuntary to voluntary.

The Board concluded that respondent violated DR 1-102(A)(5) (conduct prejudicial to the administration of justice). It agreed with the Hearing Committee that respondent had not willfully or deliberately disregarded the law or rules, but it found his conduct to be reckless. The Board found that respondent’s conduct interfered with the hearing process and resulted in his missing hearings, neglecting his client, and requiring the Chair of the Mental Health Commission to intervene and appoint new counsel.

B. The Lassiter Case

The evidence showed that Juanita Lassiter was brought to the hospital on January 15, 1990, and admitted for forty-eight hours. The next day, the hospital filed a petition for an order continuing her hospitalization for up to seven days, which the trial court granted. Respondent was appointed to represent Ms. Lassiter on the same day he was appointed to represent Mr. Price. From January 16 to January 23, respondent failed to contact Ms. Lassiter. On January 23, the day her right to a probable cause hearing was to expire, Ms. Lassiter asked the staff at the hospital how she could get an attorney. Staff provided her the number for PDS. She telephoned [940]*940PDS and spoke with Harry Fulton, who, in turn, called the court to inquire about Ms. Lassiter’s status at the hospital. Mr. Fulton also called respondent, but he was not in his office. Ms.

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Related

Attorney Grievance Commission v. Zdravkovich
825 A.2d 418 (Court of Appeals of Maryland, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
671 A.2d 937, 1996 D.C. App. LEXIS 26, 1996 WL 87404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-zdravkovich-dc-1996.