On Wednesday, August 9, 2023, the Supreme Court of Alabama disbarred Attorney Malcolm Bailey Conway from law practice in the state. This disbarment order is to run consecutively to the August 8, 2018 disbarment Mr. Conway was previously penalized with.
In the 2018 disbarment, Mr. Conway was found to have violated Rules 1.3 [Diligence], 1.4(a) [Communication], 1.15(a) [Safekeeping Property], 1.16(d) [Declining or Terminating Representation], 8.1(b) [Bar Admission and Disciplinary Matters], and 8.4 (g) [Misconduct], of the Alabama Rules of Professional Conduct. In the current disbarment, he was found guilty of violating Rules 1.16(d) [Declining or terminating Representation], 8.1(b) [Bar Admission and Disciplinary Matters], and 8.4 (g)[Misconduct], of the Alabama Rules of Professional Conduct.
The Alabama Rules of Professional Conduct can be viewed here.
The previous disbarment came about in May 2016, with Mr. Conway’s failure to file a petition to modify child support or take any other legal action on the client’s behalf even after he had received more than half of the retainer fee and the cash intended for the filing fee. After many attempts, the client was unable to contact Mr. Conway nor could he have his payments refunded. Also, despite numerous requests, Mr. Conway could not be reached by the Office of the General Counsel of the Alabama State Bar for his written response to the complaints filed against him.
The recent disbarment stemmed from a child support matter Mr. Conway was retained in August 2016 where the attorney failed to return the documents to the client at the conclusion of the case despite various and numerous attempts of the client to communicate with Attorney Conway. In the same way, Mr. Conway failed to respond to the requests of the Office of the General Counsel for him to answer the complaints lodged against him.
Based on the report of the Disciplinary Board of the Alabama State Bar, the Supreme Court entered its order disbarring Attorney Malcolm Bailey Conway from the practice of law in the state of Alabama effective August 9, 2023.
Attorney Malcolm Bailey Conway is a Mobile, Alamaba lawyer and has practiced law for 17 years having acquired his license in 2006. More info about Attorney Conway can be found here.
A copy of the original filing can be found here.