In re Cynthia S. Malyszek
In re Cynthia S. Malyszek
Opinion
In this case, the Board on Professional Responsibility concurred with the Ad Hoc Hearing Committee's findings and recommended discipline. In its report, the Board acknowledged that the Ad Hoc Hearing Committee found that respondent Cynthia Malyszek had committed numerous violations in the course of her representation of three clients; however, in accepting the recommendation of disbarment the Board relied on the factual findings that respondent engaged in at least reckless misappropriation of client funds in the Mills matter. 1 Specifically, respondent failed to deposit the retainer she received from her client Ortez Mills into a trust account and instead commingled the unearned fees with her own funds in her operating account. Further, although respondent had only earned part of the retainer, the operating account fell far below the amount owed to Mr. Mills and was overdrawn on a day when, as respondent acknowledged, she owed Mr. Mills $990 in unearned fees. Finally, respondent failed to return the unearned fees to Mr. Mills upon his request, resulting in his contacting Disciplinary Counsel.
In light of this record, we agree with the Board's determination that respondent recklessly misappropriated entrusted client funds.
See
In re Edwards
,
Under D.C. Bar R. XI, § 9 (h)(2), "if no exceptions are filed to the Board's report, the [c]ourt will enter an order imposing the discipline recommended by the Board upon the expiration of the time permitted for filing exceptions."
See also
In re Viehe
,
Accordingly, it is ORDERED that respondent Cynthia Malyszek is hereby disbarred. For purposes of reinstatement the period of respondent's disbarment will not begin to run until such time as she files a D.C. Bar R. XI, § 14 (g) affidavit.
So ordered.
In the Mills matter the Hearing Committee found that respondent misappropriated client funds in violation of the Rules of Professional Conduct 1.15 (a) & (b), 1.16 (d), and 5.3 (b) & (c). The Hearing Committee further found that the facts established that the misappropriation was at least reckless and that no circumstances existed to justify straying from the presumed penalty of disbarment. The Hearing Committee therefore concluded that respondent should be disbarred.
Reference
- Full Case Name
- In RE Cynthia S. MALYSZEK, Respondent. a Member of the Bar of the District of Columbia Court of Appeals (Bar Registration No. 396875)
- Cited By
- 1 case
- Status
- Published