On Wednesday, September 18, 2024, the District of Columbia Court of Appeals issued an order suspending Joseph Owens from practicing law pending final action on the recommendation from the Board of Professional Responsibility that he be disbarred.

The case is entitled “In the Matter of Joseph Owens”., with case number Docket No. 21-BD-058.

The recommendation stems from Owens’ representation of a client named Yuri Joselson in a security clearance proceeding before the Defense Office of Hearings and Appeals in 2017. According to the Board’s report, Owens agreed to represent Joselson in the matter for a flat fee of $4,000. However, in May 2017 before the conclusion of the case, Owens instructed his law partner to withdraw the entire $4,000 payment from the firm’s client trust account. At the time of the withdrawal, Owens had not completed all the work outlined in the retainer agreement.

The Board found that by taking the full flat fee prematurely, Owens intentionally misappropriated client funds in violation of the D.C. Rules of Professional Conduct. It determined Owens’ testimony about working at least 16 hours on the case to justify the early withdrawal was not credible.

In addition, the Board concluded that Owens failed to keep Joselson reasonably informed about the status of the case. Specifically, Owens did not provide Joselson with information about seeking a continuance of the hearing or notify him directly when the request was denied. He also refused Joselson’s requests to be copied on communications with the tribunal.

Based on these findings, the Board recommended in an August 1, 2024 report that Owens be disbarred. If disbarred, Owens would be removed from the D.C. bar and prohibited from practicing law in the District of Columbia. The Court of Appeals then suspended Owens on an interim basis on September 18th pending a final ruling on the disbarment recommendation.

The order and underlying recommendation provide insight into an alleged case of attorney misconduct involving misappropriation of client funds and failures to properly communicate with a client. Owens will remain suspended until the Court of Appeals issues a final decision on whether to accept the Board’s recommendation and disbar him permanently from the D.C. Bar.

A copy of the original filing can be found here.