Demapan found engaging in unauthorized practice of law

Superior Court associate judge David A. Wiseman has publicly reprimanded Roman Demapan for engaging in the unauthorized practice of law when he attended a deposition and asked questions of a witness despite not being a lawyer or a legal intern.

In an order issued last week, Wiseman barred Demapan from any further unauthorized practice of law and directed him to publish within 10 days a public notice in newspapers and Marianas Cable Vision about the censure.

Wiseman said a reprimand is the appropriate form of discipline as he found no pattern of misconduct or multiple instances of misconduct on Demapan’s part.

The issue came about after Demapan-a paralegal-attended a deposition for a civil case during which he asked the witness some questions despite not being authorized to do so. Demapan attended the deposition at the instruction of attorney Antonio Atalig.

“There is no showing of an intent to do anything wrong or improper by [Demapan],” Wiseman said. “By having a public censure or reprimand, the court believes that it will act as a deterrent to others similarly situated, and be a contributing factor in ensuring the proper administration of justice and protect the public with respect to having only licensed attorneys in this community engage in the practice of law.”

The disciplinary action against Demapan stemmed from a complaint filed in February 2008 by Superior Court associate judge Kenneth L. Govendo before the CNMI Supreme Court and the CNMI Bar Association. In his complaint, Govendo accused Demapan of receiving a contingency fee, even though he is not a lawyer. Govendo said that it was not the first time he had learned about Demapan receiving a contingency fee.

The CNMI Bar Association’s Disciplinary Committee later determined that Demapan had engaged in the unauthorized practice of law. The committee recommended prosecution.

“The overall integrity of the practice of law and that of the Judiciary.would be undermined to allow the brother of the Chief Justice (now retired Miguel Demapan) to retain money from a contingent/fee-split after having been admonished against the practice of law and against fee splitting approximately one year before,” the committee report states.

In his order, Wiseman said that Demapan admits that on Feb. 27, 2006, he attended the deposition of Wu Zheng Xiong, a witness in Lee Bok Yurl’s civil lawsuit against Guangdong Dev. Co. Attorney Atalig, who was representing Lee, asked Demapan to attend the deposition that took place at the O’Connor’s law office.

At the deposition, attorney David Banes asked Demapan if had any questions, to which the respondent indicated he would to ask the witness a couple of questions. Banes reportedly warned Demapan that, by asking questions, he might be practicing law without a license. Demapan went ahead and asked the witness.

Wiseman said that, in questioning a witness, on the record, at a deposition in a case being prosecuted before the court, Demapan committed the unauthorized practice of law in the CNMI.

Wiseman said there is no evidence that Atalig cautioned Demapan not to ask questions nor to take any other action at the deposition that might be interpreted as practicing law.

“Roman Demapan now knows his action in the 2006 deposition was, in fact, practicing law,” the judge said.

Wiseman said there is no evidence of any other incident in which Demapan committed unauthorized practice of law.

Wiseman said the disciplinary counsel could not find sufficient evidence to bring any additional counts of ethical violations against Demapan in relation to the other complaint that the respondent received an illegal payment of a fee in another case.