Matter of a Member of the Bar: Malik

No. 260, 2017 (Del. July 7, 2017) · Supreme Court of the State of Delaware · July 7, 2017 · No. No. 260, 2017

Summary

The Delaware Supreme Court accepted the Board on Professional Responsibility's recommendation to publicly reprimand John S. Malik and place him on probation for two years subject to specified conditions. The disciplinary matter involved admitted violations concerning fee statements, safeguarding and maintaining client-fund records, supervision of a nonlawyer, and misrepresentations in a Certificate of Compliance.

Holdings

  1. The Supreme Court accepted the Board's June 26, 2017 report, including its findings that Malik committed six violations of the Delaware Lawyers' Rules of Professional Conduct and its recommendation of a public reprimand followed by two years of probation with specified conditions.
  2. A public reprimand and two-year probation with conditions were appropriate sanctions for Malik's admitted violations involving fee disclosures, safeguarding and accounting for client funds, supervision of a nonlawyer, misrepresentations in a Certificate of Compliance, and conduct prejudicial to the administration of justice.

Questions Presented

  1. Whether the Board's findings that Malik violated Delaware Lawyers' Rules of Professional Conduct 1.5(f), 1.15(a), 1.15(d), 5.3, 8.4(c), and 8.4(d) should be accepted.
  2. Whether a public reprimand and two years of probation with specified conditions was appropriate discipline.
  3. Whether the Board's recommendation, including costs of the disciplinary proceeding and audit, should be accepted.

Disposition

approved

Cases Cited (13)

  • In re Benson, 774 A.2d 258 (Del. 2001)(followed)
  • In re Castro, No. 5, 2017 (Del. Apr. 12, 2017)(distinguished)
  • In re Doughty, 832 A.2d 724, 735-736 (Del. 2003)(followed)
  • In re Finestrauss, 32 A.3d 978, 979 (Del. 2011)(followed)
  • In re Froelich, 838 A.2d 1117 (Del. 2003)(cited)
  • In re Gray, 152 A.3d 581 (Del. 2016)(followed)
  • In re Macpherson-Johnson, 782 A.2d 265 (Del. 2001)(cited)
  • In re Martin, 35 A.3d 419 (Del. 2011)(distinguished)
  • In re Oltowski, 976 A.2d 172 (Del. 2009)(cited)
  • In re Spiller, 788 A.2d 114, 118 (Del. 2001)(followed)

Showing top 10 of 13.

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