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10/24/90 IRVIN FOSTER RESPONDENT A MEMBER BAR

October 24, 1990

IN RE: IRVIN FOSTER, RESPONDENT, A MEMBER OF THE BAR OF THE DISTRICT OF COLUMBIA COURT OF APPEALS


On Report and Recommendation of the Board on Professional Responsibility

Steadman, Farrell and Wagner, Associate Judges.

The opinion of the court was delivered by: Per Curiam

Finding violations by respondent of DR 6-101(A)(3) (neglect), DR 7-101(A)(1) (intentional failure to seek a client's lawful objectives), and DR 7-102(A)(2) (intentional failure to carry out a contract of employment), *fn1 the Board of Professional Responsibility (the Board) has recommended that respondent be suspended from the practice of law for thirty days. We accept *fn2 the Board's findings, Conclusions, and recommendation as set forth in its report which we reproduce in an appendix hereto.

Accordingly, we order that respondent, Irvin P. Foster, be suspended from the practice of law in the District of Columbia for a period of thirty days, effective thirty days from the date of this order.

So ordered.

APPENDIX

DISTRICT OF COLUMBIA COURT OF APPEALS BOARD ON PROFESSIONAL RESPONSIBILITY

In the Matter of:

IRVIN P. FOSTER, Bar Docket No. 428-88

Petitioner.

REPORT AND RECOMMENDATION OF THE BOARD ON PROFESSIONAL RESPONSIBILITY

On April 28, 1989, Bar Counsel charged Foster with violating DR 6-101(A)(3) (neglect); DR 7-101(A)(1) (intentional failure to seek his client's lawful objectives); DR 7-102(A)(2) (intentional failure to carry out a contract of employment); and DR 9-103(B)(4) (failure to promptly return client's property after request). Hearing Committee Number One held hearings on July 20, 1989, and issued its report on November 7, 1989, concluding that Foster committed the charged violations and recommending that Foster be suspended for 30 days.

The Board has reviewed the record in this case and adopts the Hearing Committee's Conclusions with the exception of its Conclusion that Foster violated DR 9-103(B)(4). The Board agrees with the Hearing Committee's recommended sanction.

FACTS

In early October 1987, Ms. Gladys Waters retained Foster to represent her in collecting child support from her former husband. At that time, she paid a retainer of $250 and gave Foster some financial information and original documents pertaining to the case, such as the judgment and the order of dissolution of the marriage. She also gave Foster the address and telephone number of her former husband.

Ms. Waters next spoke with Foster by telephone in November 1987. At that time, he informed her that he had written to someone in Chicago to get other documents in the case and that he would contact her when he had received them. (The Hearing Committee found that there was no ...


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