D.C. Ethics Board Recommends Disbarment of Attorney Joseph Owens for Misappropriating Client Funds

On Thursday, August 1, 2024, the District of Columbia Board on Professional Responsibility issued a report recommending the disbarment of Joseph Owens, an attorney licensed to practice in D.C.

The case is entitled “In the Matter of Joseph Owens,” with case 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 February 2017, 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’ law partner withdrew 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, such as drafting documents, prepping witnesses, and personally representing Joselson at the hearing.

The withdrawal of funds was done at Owens’ instruction after he claimed to have worked at least 16 hours on the case. However, the Board agreed with the findings of the ad hoc hearing committee that Owens’ testimony about the hours worked was not credible. By taking the full flat fee prematurely, the Board found that Owens intentionally misappropriated client funds in violation of the Rules of Professional Conduct.

The Board also determined 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.

Taking the findings and recommendations of the hearing committee, the Board concluded that Owens’ misconduct warranted disbarment. If disbarred, Owens would be removed from the D.C. bar and prohibited from practicing law in the District. The Board has submitted its report to the D.C. Court of Appeals.

The recommendation states:

“For the foregoing reasons, the Board finds that Respondent violated Va. Rules & (b)(5) (recordkeeping, intentional misappropriation, and failing to provide an accounting), 1.4(a)(communication), and Maryland Rule 19-308.4(c) (dishonesty), and should receive the sanction of disbarment.”

A copy of the original filing can be found here.