Samuel Bailey

DCCA Opinion (September 15, 2005)

Summary: The D.C. Court of Appeals suspended Bailey for nine months. Bailey failed to maintain complete trust account funds, failed to notify a physician of a client’s settlement, entered into an impermissible business transaction with a client, and engaged in negligent misappropriation while retained to represent a client in a personal injury matter. Rules 1.8(a), 1.15(a), and 1.15(b).

Board Report and Orders (February 27, 2003)

Summary: A majority of the board recommends that the court suspend Bailey from the practice of law for nine months, with a requirement that he complete courses in ethics and in trust accounting (each at least three hours) as a condition of reinstatement. All board members found that Bailey, while retained to represent a plaintiff in a personal injury matter, violated Rule 1.15(a) by commingling and failing to keep trust account records, and Rule 1.8(a) by engaging in an improper business transaction with a client without providing information regarding prevailing interest rates or advice to seek independent counsel regarding the loan transaction. A majority of the board agreed that Bailey violated Rule 1.15(b) by failing to notify a third-party medical provider promptly upon the receipt of funds. One member of the board, writing on behalf of himself and three other board members, concurred as to sanction, but found that Bailey’s misconduct constituted negligent misappropriation under Rule 1.15(a) and a violation of Rule 1.15(b) for failing to pay a third-party medical provider promptly. Another member of the board, writing on behalf of himself and one other board member, found no violation of Rule 1.15(b), concurred that Bailey did not engage in misappropriation in violation of Rule 1.15(a), and recommended a six-month suspension for engaging in commingling and failing to maintain complete trust account records.<br>