On Report and Recommendation of the Board on Professional Responsibility
Before Terry and Steadman, Associate Judges, and Ferren, Senior
The opinion of the court was delivered by: Steadman, Associate Judge
Respondent Anthony Corizzi excepts from the unanimous recommendation of the Board on Professional Responsibility("the Board") that he be disbarred from the practice of law in the District of Columbia. *fn1 Although he was found to have committed a telling number of ethical violations, most particularly he counseled two clients, in separate cases, to commit perjury in their depositions, which they did to the virtual destruction of their causes. We accept the Board's recommendation and disbar respondent.
In reviewing a disciplinary recommendation of the Board, this court "shall accept the findings of fact made by the Board unless they are unsupported by substantial evidence of record, and shall adopt the recommended disposition of the Board unless to do so would foster a tendency toward inconsistent dispositions for comparable conduct or otherwise would be unwarranted." D.C. Bar R. XI, § 9 (g) (1). Thus, while "we enforce a general sense of equality in the sanctions handed out . . . [the rule] otherwise commands that we should respect the Board's sense of equity in these matters unless that exercise of judgment proves to be unreasonable." In re Temple, 629 A.2d 1203, 1207 (D.C. 1993) (citation omitted). Keeping these guidelines in mind, we turn to the matter at hand.
The full history of respondent's derelictions and the disciplinary proceedings that led to the disbarrment recommendation would be a lengthy exposition adding nothing of significance to the disposition of this matter. As the Board particularly noted with respect to the subornation of perjury proceedings, "[t]he Hearing Committee's Findings of Fact are extensive and well-documented with ample citations to the record." The Board's exposition of the findings of fact in the two separate bar dockets before us total some 123 separate paragraphs. We present here a brief summary of those findings and conclusions. Although respondent challenges the sufficiency of the evidence to support the found ethical violations, we think they are well supported by the extensive record.
Bar Docket No. 219-98 was a consolidated case arising out of the respondent's representation of Ms. Pamela Meek and Ms. Bonnie Sheeder in their unrelated personal injury suits. The Board determined that the respondent violated numerous rules of professional conduct when he (i) suborned the perjury of his clients by instructing them to lie at their depositions about the referral relationship that existed between himself and Dr. Edward Carlton, a chiropractor, to whom respondent had a regular practice of referring personal injury clients and who in turn referred patients to respondent for legal representation; (ii) failed to advise Ms. Meek of a settlement offer; and (iii) made false statements to Bar Counsel denying that he counseled his clients to lie at their depositions.
The testimony credited by the Hearing Committee and the Board shows that the respondent counseled and instructed both Ms. Meek and Ms. Sheeder to lie in their depositions in an apparent effort to conceal the fact that the respondent and Dr. Carlton were referring clients to one another. As a result of these instructions both clients testified falsely at their depositions, saying that they had located Dr. Carlton, in Ms. Meek's case, and the respondent, in Ms. Sheeder's case, through the yellow pages. These actions by respondent manifestly violated Rules 3.3(a) (knowingly counseling or assisting clients to engage in criminal or fraudulent conduct); 3.4(b) (counseling clients to testify falsely); and 8.4(c) (engaging in conduct involving fraud, dishonesty or deceit and/or misrepresentation). *fn2 See, e.g., In re Thompson, 538 A.2d 247 (D.C. 1987) (lawyer violated DR 1-102 (A)(4), the predecessor to D.C. Rule 8.4(c), by knowingly assisting his client in the presentation of false statements to the Immigration and Naturalization Service); In re Sandground, 542 A.2d 1242 (D.C. 1988) (lawyer violated DR 1-102(A)(4) and DR 7-102(A) (7), the predecessors to D.C. Rules 3.3(a) and 8.4(c), by assisting his client in concealing information about the client's funds with respect to discovery requests).
Instructing his clients to testify falsely was also a violation of D.C. Rule 1.3(b)(2) (intentional prejudice or damage to client) because the instruction virtually destroyed their prospects for recovery in their personal injury claims *fn3 and it exposed them to criminal prosecution for perjury. See In re Robertson, 612 A.2d 1236, 1250-51 (D.C. 1992). Finally, the record clearly indicates that the respondent failed to advise Ms. Meek of two $10,000 settlement offers until after he had rejected them which is on its face a violation of D.C. Rule 1.4(c) (failure to inform client of settlement offer promptly). See In re Asher, 772 A.2d 1161, 1168-69 (D.C. 2001).
Bar Docket No. 223-97 involved a third instance involving respondent's misconduct in the course of representing a client. Ms. Dorotha Wallace sought respondent's representation in connection with a divorce, custody and domestic abuse matter. After several months of representation, Ms. Wallace filed an ethical complaint with Bar Counsel alleging sexual misconduct during the course of their attorney-client relationship. Respondent denied the allegations and, arguably in retaliation, advised Bar Counsel that Ms. Wallace had committed perjury at a January 21, 1997 hearing before the Virginia Domestic Relations Court. *fn4 He also reported the alleged perjury to the Virginia court. In an apparent effort to distance himself from Ms. Wallace's alleged perjury, the respondent claimed he did not represent Ms. Wallace at the January hearing.
The Board concluded that the respondent violated D.C. Rules 3.3(a); 4.1(a); and 8.4(c) by making false statements to Mr. Wallace's counsel and to the court regarding the date of commencement of his representation of Ms. Wallace. *fn5 Respondent's claim that the Board's conclusion is not supported by substantial evidence is based on the argument that because Ms. Wallace did not tender a retainer fee until after the January hearing and because the respondent did not file any papers with the court establishing that he was Ms. Wallace's attorney, a lawyer-client relationship did not exist on January 21, 1997. The evidence, however, shows that the respondent was in fact retained as Ms. Wallace's lawyer on this date. Ms. Wallace's testimony, credited by the Hearing Committee and the Board, indicates that the respondent advised her of the steps necessary to obtain a protective order and appeared with her in court on January 21, 1997, during the ex parte hearing. See In re Sofaer, 728 A.2d 625, 628 (D.C.), cert. denied, 529 U.S. 1053 (2000) (providing legal advice is clearly a feature of an attorney-client relationship). "Neither a written agreement nor the payment of fees is necessary to create an attorney-client relationship." In re Ryan, 670 ...