Cynthia Malyszek

DCCA Opinion (April 26, 2018)

Summary: The D.C. Court of Appeals disbarred Malyszek for recklessly misappropriating entrusted client funds. Malyszek committed numerous violations during her representation of three clients. Specifically, regarding one client, Malyszek failed to deposit the retainer she received from her client into a trust account and instead commingled the unearned fees with her own funds in her operating account. Further, although Malyszek had only earned part of the retainer, the operating account fell far below the amount owed to the client and was overdrawn on a day when, as Malyszek acknowledged, she owed the client $990 in unearned fees. Finally, Malyszek failed to return the unearned fees to the client upon his request. Rules 1.1(a), 1.1(b), 1.3(b)(1), 1.3(c), 1.4, 1.5(b), 5.3(b), 5.3(c), 1.15(c), 1.16(d), and 7.5(a).

DCCA Order (October 26, 2017)

Summary: Malyszek was suspended on an interim basis pursuant to D.C. Bar R. XI, § 9(g), pending final action on the Board on Professional Responsibility’s June 16, 2017, recommendation of disbarment.

Board Report and Orders (June 16, 2017)

Summary: The Board on Professional Responsibility recommends that the D.C. Court of Appeals disbar Malyszek for engaging in reckless or intentional misappropriation when, without her client’s consent, she withdrew advance fee payments before she had earned them, and thus withdrew funds that should have been held in trust for the client. In addition, Malyszek violated numerous other ethics rules in three separate matters for three different clients. Rules 1.1(a), 1.1(b), 1.3(b)(1), 1.3(c), 1.4, 1.5(b), 5.3(b), 5.3(c), 1.15(c), 1.16(d) and 7.5(a).

Hearing Committee Report (December 20, 2016)

Summary: Not yet available.