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Lawyer suspended for abandoning her client
The Superior Court yesterday suspended indefinitely from practicing law in the CNMI courts attorney Stephanie DLG. Flores for abandoning a criminal case despite a $15,000 retainer already paid by a defendant.
Associate Judge David A. Wiseman said the suspension will be lifted if Flores return the $15,000 fee and submit an accounting of the time spent, expenses, and the total billing for services rendered, if any.
Wiseman required Flores to, among other conditions, take and pass the Multistate Professional Responsibility Examination and pay any costs for the prosecution of this case.
According to court records, Eloisa L. San Nicolas retained Flores in June 2006 to represent her husband, Ramon C. San Nicolas, in a criminal case in which he was charged with sexual assault of a minor.
Eloisa L. San Nicolas paid Flores $15,000 as the lawyer asked.
Flores, however, failed to appear for one or more hearings in the case.
At one of the hearings, Wiseman removed Flores from the case when it became apparent she was not communicating with her client and moved to Guam without any notice to the court or to her client.
A disciplinary complaint was filed in court. Flores did not appear at the hearing, prompting the court to issue a default judgment.
The default judgment hearing was held on June 28, 2012. Flores did not appear.
In his ruling issued yesterday, Wiseman determined that Flores’ conduct violated the ABA Model Rule of Professional Conduct Rule in that she failed to provide competent representation and abandoned the case with no explanation to her client nor to the court.
Wiseman said that Flores was not reasonably diligent in representing her client in that she failed to spend sufficient time with the defendant to learn enough about the case, and also failed to explain the applicable law and other options to the client.
“The court believes that the respondent’s misconduct has resulted in serious injuries to the legal profession, her clients, the public, and the legal system in general through a disparagement of the administration of justice,” Wiseman said.
The Supreme Court of Guam also suspended Flores a few months ago from the practice of law in Guam for similar violations.
