Barry Nace

DCCA Opinion (September 4, 2014)

Summary: In a reciprocal matter from West Virginia, the D.C. Court of Appeals imposed identical reciprocal discipline and suspended Nace for 120 days, nunc pro tunc to February 6, 2014. While representing a client in a medical malpractice matter, Nace accepted appointment to also represent the interests of the client’s bankruptcy trustee. Nace thereafter failed to notify the bankruptcy trustee that some of the medical malpractice claims had settled or that the remaining claims had resulted in a jury verdict in his client’s favor, and then engaged in dishonesty by making false statements in an effort to conceal these failures. Nace violated West Virginia Rules of Professional Conduct 1.1 (competence), 1.3 (diligence), 1.4 (a) and (b) (communication with client), 1.15 (b) (safekeeping property), 8.4 (c) (dishonesty), and 8.4 (d) (conduct prejudicial to administration of justice).