LESSONS FROM A RECENT DISCIPLINARY CASE. J. Nick Badgerow Rex Sharp
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1 LESSONS FROM A RECENT DISCIPLINARY CASE J. Nick Badgerow Rex Sharp
2 OVERVIEW FIVE DAY DISCIPLINARY HEARING RESPONDENT SELF-REPRESENTED SEVERAL CLIENTS CLAIMS EXPERT WITNESSES PANEL: UNANIMOUSLY RECOMMENDED DISBARMENT RESPONDENT TEMPORARILY SUSPENDED SUPREME COURT STILL TO DECIDE
3 LESSONS - DON T OVERSELL YOURSELF - BE COMPETENT - RESPOND TO CLIENT COMMUNICATIONS - DON T TAKE NON-REFUNDABLE RETAINER - TREAT TRUST ACCOUNT PROPERLY - KNOW THE LAW - KNOW THE RULES OF ETHICS - TAKE ETHICS COMPLAINT SERIOUSLY - DON T TRY TO REPRESENT YOURSELF
4 BASIC FACTS ATTORNEY: PRINCE UCHECHE NWAKANMA NATIVE OF NIGERIA GRADUATED: THURGOOD MARSHALL SCHOOL OF LAW (HOUSTON) FAILED TEXAS BAR PASSED KANSAS BAR PRACTICES IN TEXAS ONLY FEDERAL LAW
5 Federal Practice = OK? Rule 5.5.(d)(2) (d) A lawyer admitted in another United States jurisdiction or in a foreign jurisdiction... may provide legal services through... systematic and continuous presence in this jurisdiction that:... (2) are services that the lawyer is authorized by federal law or other law or rule to provide in this jurisdiction.
6 BEFORE THE KANSAS BOARD OF DISCIPLINE - OVERVIEW NUMEROUS CLIENT COMPLAINTS CLIENTS COULD NOT FILE COMPLAINTS IN TEXAS = NOT LICENSED IN TEXAS SEVERAL FILED IN KANSAS INVESTIGATED FIVE-DAY HEARING, JULY 2016 PANEL REPORT: RECOMMENDED DISBARRMENT RESPONDENT FILED EXCEPTIONS THERE WILL BE SUPREME COURT HEARING
7 UNDERLYING CASE ONE NWAKANMA IS A NIGERIAN PRINCE PRINCE LAW OFFICE MOSTLY IMMIGRATION PRACTICE NIGERIAN CHIEF CRIMINAL CHARGE: 55 COUNTS MEDICARE FRAUD, ETC. $30 MILLION CHIEF CALLED PRINCE ENGAGEMENT:
8 ENGAGEMENT OF PRINCE ENGAGEMENT LETTER NON-REFUNDABLE RETAINER = $3 MILLION APPEAL: WILL COST MORE $ EXPENSES: WILL COST MORE $ TRIAL: CONVICTION ALL COUNTS CHIEF IN PRISON CHIEF FILED ETHICS COMPLAINT
9 COMPETENCE - PRINCE NEVER HANDLED MEDICARE FRAUD CASE - NEVER TRIED A JURY CASE MAYBE ONE BUT COULD NOT RECALL - RULE 1.1 COMPETENCE MUST PROVIDE COMPETENT REPRESENTATION KNOWLEDGE, SKILL, THOROUGHNESS, PREPARATION
10 TOOK THE RETAINER, BUT... - AT LEAST $2.17 MILLION RECEIVED - NOT COMMUNICATE WITH CLIENT - RULE 1.4: KEEP A CLIENT REASONABLY INFORMED - CLIENT IS IN JAIL WANTS TO KNOW DEVELOPMENTS
11 NON-REFUNDABLE RETAINER? - RULE 1.15 NOT CHARGE AN UNREASONABLE FEE - $3 MILLION IS UNREASONABLE - OTHERS TOOK ON CASE WILLING TO TRY CASE FOR $40K - $50K - NON-REFUNDABLE ONLY IF HIRED TO NOT TAKE ON OTHER BUSINESS - A RETAINER FOR YOUR TIME & COMMITMENT - PRINCE CLAIMED EARNED WHEN PAID - REFUSED TO REFUND ANY - NOT APPROPRIATE
12 RETAINER AND THE TRUST ACCOUNT STARTED SPENDING THE MONEY PRINCE TRUST RECORDS - DISARRAY CO-MINGLED CLIENT FUNDS WITH FIRM FUNDS RULE 1.15(a): 1. DO NOT CO-MINGLE 2. RETURN CLIENT FUNDS ON DEMAND 3. COMPLETE RECORD OF SUCH ACCOUNT FUNDS
13 WHAT HAPPENED TO MONEY? - CHIEF CALLED: SEND MONEY TO PAY MORTGAGE, - PAY SON S BILLS, SEND MONEY TO NIGERIA - RETAINER IS EARNED WHEN PAID - PUT IN TRUST FOR CLIENT EXPENSES = NOT EARNED - OR CLIENT USING LAWYER DEPOSIT AS MONEY LAUNDERING NOT EARNED - AND LAWYER IS CO-CONSPIRATOR? - OVERDRAWN AT LEAST 30 DAYS RULE 1.15(d)(3)
14 HIRING OTHERS FOR CHIEF S CASE PRINCE KNEW HE COULD NOT TRY CHIEF S CASE HIRED PENA AGREED $50K - PRINCE NOT PAY HIRED MARTINEZ AGREED $40K - PRINCE NOT PAY HIRED FISCH AGREED $250K FISCH TO PAY OFF FEDERAL OFFICIAL FISCH INDICTED, CONVICTED OBSTRUCTION OF JUSTICE OF COURSE, NOT PAY FISCH HIRED DEGUERIN / BUCKLEY AGREED FEE $250K - PAID $150K = PRINCE NOT PAY
15 CHIEF S TRIAL BUCKLEY TRIED CASE LOST PRINCE CONSULTED ABOUT JURY SELECTION NOTHING ELSE CHIEF FILED LAWSUIT AGAINST PRINCE SOUGHT RETURN OF $$ SJ FOR PRINCE HOW/WHY??
16 CHIEF FILED ETHICS COMPLAINT AGAINST PRINCE IN RESPONSE: PRINCE THREATENED TO TELL FEDS RE. CHIEF S HIDDEN ASSETS SHOULD HE HAVE DONE THAT??
17 NOT THREATEN CLIENT RULE 1.4 NOT REVEAL INFORMATION RELATING TO REPRESENTATION OF A CLIENT UNLESS THE CLIENT CONSENTS PRINCE SETTLED WITH CHIEF AGREED TO PAY MONEY CHIEF AGREED TO DROP ETHICS COMPLAINT
18 NOT THREATEN CLIENT RULE 8.4(d): CONDUCT ADMINISTRATION OF JUSTICE PREJUDICIAL TO = DON T ASK FOR CLIENT S SILENCE RULE 3.4(f): NOT REQUEST A PERSON TO REFRAIN FROM VOLUNTARILY GIVING RELEVANT INFORMATION RULE 214: CASE PROCEEDS WITHOUT COMPLAINANT ANYWAY (DID PRINCE PAY THE AGREED SETTLEMENT?) OF COURSE NOT
19 UNDERLYING CASE NO. 2: COMPLAINT OF J.Z. DEPORTED 2000 = THREE DUI S NOT A CLIENT OF PRINCE 5TH CIR. CASE: DUI NOT AGGRAVATED FELONY = NOT DEPORT 2008 J.Z. BACK IN USA (ILLEGAL) SAW PRINCE S TV AD HIRED PAID FOR I-212 FORM NEVER FILED RULE 1.3 DILIGENCE NOT COMMUNICATE RULE 1.4 NOT REFUND FEES RULE 1.15 AT HEARING: TRIED TO SAY FORM I-212 WOULD NOT WORK ACCUSED NEW LAWYER OF MISREPRESENTATION RULE 4.1 TRUTHFULNESS RULE 4.4 EMBARRASS, DELAY OR BURDEN A THIRD PERSON RULE 3.3(a)(1) NOT MAKE FALSE STATEMENT OF LAW TO TRIBUNAL RULE 3.3(a)(3) NOT MAKE KNOWING FALSE STATEMENT TO TRIBUNAL RULE 3.4(e) IN TRIAL, NOT ALLUDE TO MATTER NOT SUPPORTED BY RELEVANT EVIDENCE
20 OTHER PRACTICE BY PRINCE LEASE LAWSUIT STATE COURT DRIVERS LICENSE CASE STATE AGENCY OTHER PRACTICE IN STATE COURT NOT FEDERAL PRACTICE NOT LICENSED IN TEXAS RULE 5.5(a): NOT ENGAGE IN UNAUTHORIZED PRACTICE OF LAW NOT PRACTICE IN JURISDICTION NOT LICENSED
21 DISCIPLINARY HEARING JULY 2016 HIRED COUNSEL TO FILE ANSWER TERMINATED ATTORNEY (NOT PAY??) BEFORE HEARING APPEARED PRO SE AT HEARING (NOT RECOMMENDED) ESP. IF NO TRIAL EXPERIENCE PRELIMINARY HEARING ORDER: HAVE YOUR WITNESSES READY FOUNDATION FOR EXHIBITS FIVE DAYS OF HEARING CROSS-EXAMINED WITNESSES PRESENTED WITNESSES (INCLUDING DEAN OF THURGOOD MARSHALL LAW SCHOOL) HIS OWN TESTIMONY: PANEL FOUND HE WAS DISHONEST
22 TIME RECORDS WHEN COMPLAINT MADE PRODUCED TIME RECORDS CLAIMED HUNDREDS OF HOURS 28 STRAIGHT DAYS: 17 HOURS PER DAY! RULE 1.5: DID THIS WORK PRECLUDE OTHER EMPLOYMENT BY THE LAWYER? PRINCE CLAIMED IT DID BUT: HUNDREDS OF OTHER IMMIGRATION CASES SEVERAL BUSINESS ENTERPRISES ALL AT THE SAME TIME
23 DISCIPLINARY RECORD DISCIPLINARY HISTORY RELEVANT AND ADMISSIBLE 10/8/08: SUSPENDED REGISTRATION & CLE FEE REINSTATED: 10/22/08 10/6/09: SUSPENDED CLE FEE REINSTATED: 1/14/10 10/1/10: SUSPENDED CLE FEE REINSTATED: 10/25/10 9/14/12: SUSPENDED CLE REQUIREMENTS REINSTATED: 12/18/12 10/6/15: SUSPENDED REGISTRATION FEES AND CLE FEE REINSTATED: 12/18/15 CHECK BOUNCED >> 10/6/16: SUSPENDED REGISTRATION FEE AND CLE FEE NOT REINSTATED 1/27/17 KANSAS SUPREME COURT: SUSPENDED INDEFINITELY
24 WHAT ABOUT OTHER LICENSES? D. KAN.: ADMITTED 2003, TERMINATED 2004 BOARD OF IMMIGRATION APPEALS: SUSPENDED 12/10/15 NOT REINSTATED S.D. TEX.: LICENSE EXPIRED 11/7/13 NOT REINSTATED FIFTH CIRCUIT: LICENSE EXPIRED 2/6/11 NOT REINSTATED REMEMBER: HE PRACTICES EXCLUSIVELY FEDERAL LAW
25 PANEL DELIBERATED ISSUED DECISION: 100+ PAGES RECOMMENDATION: DISBARRED SUPREME COURT WILL DECIDE NWAKANMA DECIDED NOT TO FILE A BRIEF
26 CONCLUSION TOP TEN 10. DON T PRACTICE STATE LAW IN STATE WHERE NOT ADMITTED 9. DON T COMPETENT DABBLE IN AREAS WHERE NOT 8. DON T TAKE NON-REFUNDABLE RETAINER 7. DON T PLACE YOUR FUNDS IN TRUST ACCOUNT; DON T PLACE CLIENT FUNDS IN OPERATING ACCOUNT 6. KEEP ACCURATE RECORDS OF TRUST ACCOUNT 5. DON T TRY TO PAY COMPLAINANT COOPERATE (AND THEN NOT PAY HIM) NOT TO 4. DON T CREATE FRAUDULENT TIME RECORDS 3. DON T LET CLIENT USE YOU TO LAUNDER FUNDS 2. ETHICS COMPLAINT: HIRE EXPERIENCED COUNSEL 1. COOPERATE WITH DISCIPLINARY ADMINISTRATOR
27 LESSONS FROM A RECENT DISCIPLINARY CASE J. Nick Badgerow Rex Sharp
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