Michael Avery

DCCA Opinion (June 14, 2007)

Summary: The D.C. Court of Appeals publicly censured Avery and further ordered that he certify to the Board on Professional Responsibility his completion of a continuing legal education course in legal ethics within one year from the date of the court’s order. Avery violated rules pertaining to competent, zealous and diligent representation; reasonable promptness in representing a client; keeping a client reasonably informed; explaining a matter to a client to the extent reasonably necessary; providing the client a written contingent fee agreement and a separate writing describing the division of fees and responsibilities between lawyers not in the same firm; and then failing to protect his client upon termination of representation. Avery’s misconduct occurred during the course of representing a client in a personal injury matter that was approaching the deadline to file suit under the statute of limitations in Maryland, where Avery informed his client that another attorney would file the suit. (Rules 1.1(a), 1.3(a), 1.3(c), 1.4(a), 1.4(b), 1.5(c), 1.5(e), and 1.16(d)).

Board Report and Orders (March 7, 2007)

Summary: The Board on Professional Responsibility recommends that the D.C. Court of Appeals publicly censure Avery. Avery violated eight disciplinary rules arising out of his representation of a client who suffered injuries in an alleged fall from a gurney in a nearby hospital. Avery failed to provide competent representation to his client; failed to act zealously and with reasonable promptness on his client’s behalf; failed to communicate adequately; failed to handle fee arrangements with his client appropriately; and failed to terminate the representation of his client appropriately. Rules 1.1(a), 1.3(a), 1.3(c), 1.4(a), 1.4(b), 1.5(c), 1.5(e), and 1.16(d).