Michael Avery

DCCA Opinion (August 2, 2018)

Summary: The D.C. Court of Appeals suspended Avery for 60 days, with 30 days stayed in favor of a one-year period of probation. While retained to represent a client in a personal injury matter, Avery neglected his client’s case, delegating responsibility to others; failed to investigate the accident and the precise nature of his client’s injuries; failed to discuss the insurer’s settlement offer with his client; settled the case without his client’s authorization; and failed to comply with his client’s instructions to rescind the settlement and return the settlement funds, doing so only after the client filed a disciplinary complaint. In addition, Avery provided misleading testimony to the Hearing Committee. Rules 1.1(a), 1.1(b), 1.2(a), 1.3(a), 1.3(c), 1.4(a), 1.4(b), 1.4(c), and 1.15(b) (now Rule 1.15(c).

Board Report and Orders (July 31, 2017)

Summary: The Board on Professional Responsibility recommends that the D.C. Court of Appeals suspend Avery for 45 days, and that the entire suspension be stayed in favor of a six-month period of probation, during which Avery shall continue to implement any changes to his office practices and procedures recommended by the Bar’s Practice Management Advisory Service. Two members of the Board disagreed concerning the finding of a Rule 1.15(b) violation and with the recommendation that the suspension should be stayed. While retained to represent a client in a personal injury matter, Avery neglected his client’s case, delegating responsibility to others; he failed to investigate the accident and the precise nature of his client’s injuries; he failed to discuss the insurer’s settlement offer with his client; he settled the case without his client’s authorization; and he failed to comply with his client’s instructions to rescind the settlement and return the settlement funds, doing so only after the client filed a disciplinary complaint. In addition, Avery provided misleading testimony to the Hearing Committee. Rules 1.1(a), 1.1(b), 1.2(a), 1.3(a), 1.3(c), 1.4(a), 1.4(b), 1.4(c), and 1.15(b) (now Rule 1.15(c).

Hearing Committee Report (October 12, 2016)

Summary: Not yet available.