In re Johnson
In re Johnson
Opinion of the Court
This Court rejected the first petition for voluntary discipline filed by Respondent S. Quinn Johnson (State Bar No. 120573), despite the special master's recommendation that it be accepted and a 90-day suspension with conditions for reinstatement be imposed for Johnson's admitted violations of Rules 1.3, 1.4, 1.5, 1.15 (I), 1.16 (d), and 5.5 with respect to six separate clients, see In the Matter of Johnson,
In Johnson,
As part of his petition for voluntary discipline, Johnson, who joined the Bar in 2008, made the following admissions regarding his conduct. As to [State Disciplinary Board ("SDB") Docket No. 6518], Johnson acknowledged that he was hired by a client in October 2010 to represent that client in a suit alleging copyright infringement, and accepted $1,000 from the client as an advance for costs and expenses. Johnson filed the copyright infringement action on the client's behalf, and, in response to the motion to dismiss filed by the defendant in that suit, sought and obtained an extension of time in which to file a response to that motion. Johnson came to doubt that this client could provide the specifics necessary to sustain his claims, and, apparently as a result of that doubt, failed to seek a second extension of time to respond to the motion to dismiss. Johnson admitted that he failed to adequately communicate with his client during the period preceding the expiration of the granted extension of time, failed to communicate his decision to withdraw from the representation of the client, and failed to withdraw from his representation before the client hired new counsel to handle the matter.
In [SDB Docket No. 6519], Johnson was hired to represent clients in preparing and filing copyright registrations before the *57U.S. Patent and Trademark Office and received a $1,040 payment for those services and the associated filing fee. Johnson acknowledged that he did not perform the services for which he was hired and failed to adequately communicate with his clients. Johnson further allowed that
he should have informed the clients that he was unable to complete the work for which he was hired and should have returned to them the funds he had been paid, but failed to do either of those things in a timely manner. Finally, Johnson admitted that he failed to participate in the disciplinary process associated with this matter. With regard to [SDB Docket No. 6520], Johnson was hired to represent clients in general intellectual property matters and to prepare and file a particular patent registration, and was paid $2,130 for that representation. Johnson admitted that he did not perform the services for which he was retained, that he did not adequately communicate with his clients, and that he should have informed the clients of his inability to complete the agreed-upon tasks and should have refunded the funds paid to him.
Next, as to [SDB Docket No. 6599], Johnson acknowledged that he received a notice of investigation in June 2013, but did not recall having received the Bar's motion for an interim suspension or this Court's order granting that motion and suspending Johnson, see In the Matter of [ ] Johnson, S14Y0328 (November 26, 2013). During the pendency of that suspension, Johnson filed a notice of appearance and pleadings on behalf of a client in magistrate court, before being informed by the chief judge of that court that the documents could not be filed because of Johnson's suspension. Johnson then informed his client that he could not represent her. In [SDB Docket No. 6600], Johnson was hired by another client seeking representation in a copyright infringement matter, and was paid $5,000 for that representation. Johnson filed a complaint in the matter, obtained an extension of time to complete service of process, and dismissed all but one of the defendants before his communications with the client broke down and Johnson began to believe that the client's claims could not be sustained. Johnson admitted that he did not adequately communicate with the client and that the case languished for an inordinate amount of time before Johnson withdrew from the representation. Finally, in [SDB Docket No. 6626], Johnson was hired to represent a client in a personal injury action, prepared and filed a complaint in the action, and eventually accepted the settlement offer of the defendant in that case. Nevertheless, Johnson acknowledges that the action remained pending for some time prior to the settlement of the client's claims, that he negotiated costs of third-party medical
providers prior to obtaining the client's consent to do so, and that, in his communications with the client, he failed to ensure that he included all of the claims that the client intended to be included in the settlement.
With regard to the new disciplinary matter, SDB Docket No. 6925, Johnson admitted that in May 2014 a client retained him to take over representation in a personal injury matter where the complaint already had been filed. At the time Johnson was hired, a motion to dismiss was pending for the client's failure to respond to discovery. Johnson responded to the discovery and the motion to dismiss on the client's behalf and attempted to depose the defendant but was unable to obtain a court order compelling the defendant to participate in discovery. The client became frustrated with the delay in her case, but when the court denied the motion to compel, Johnson advised the client that he could not proceed to trial without obtaining discovery and that he would be withdrawing from the representation. The client agreed to dismiss the lawsuit and Johnson filed a dismissal of the case and mailed the client a Notice of Termination of Representation. Johnson admits that he did not adequately communicate with his client during the course of his representation and failed to respond to her numerous requests for an update on the status of her case.
Johnson admits and the record shows that in the underlying seven matters, he violated Rule 1.3 in four cases; Rule 1.4 in six cases; Rule 1.5 in three cases; Rule 1.15 (I) in one *58case; Rule 1.16 (d) in one case; and Rule 5.5 (a) in one case. The maximum sanction for a single violation of Rules 1.3, 1.15 (I), and 5.5 is disbarment, while the maximum sanction for a single violation of Rules 1.4, 1.5, and 1.16 (d) is a public reprimand.
As the special master noted, suspension is generally appropriate in cases like this where the lawyer causes a client injury or potential injury by either knowingly failing to perform services or engaging in a pattern of neglect, see ABA Standards for Imposing Lawyer Sanctions 4.42, or where a lawyer has been reprimanded for the same or similar misconduct and engaged in further similar acts of misconduct that caused injury or potential injury to a client, the public, the legal system, or the profession, see ABA Standard 8.2. In aggravation of discipline, we note that Johnson has a prior disciplinary history, having received a formal letter of admonition in February 2012 for his violation of Rules 1.3 and 1.4.
Having reviewed the record, we conclude that a six-month suspension is an appropriate sanction in this particular case. See In the Matter of Duncan,
Petition for voluntary discipline accepted. Six-month suspension.
All the Justices concur.
In addition, Johnson has had at least three prior suspensions for his failure to respond to notices of investigation from the Bar. See In the Matter of Johnson, S13Y0719, S13Y0720, S13Y0721 (February 1, 2013); In the Matter of Johnson, S14Y0328 (November 26, 2013); In the Matter of Johnson, S14Y1447 (June 30, 2014).
Reference
- Full Case Name
- In the MATTER OF S. Quinn JOHNSON (five cases).
- Cited By
- 13 cases
- Status
- Published