D.C. Professional Responsibility Board Recommends Two-Year Suspension for Attorney Kristopher E. Twomey Over Misconduct in Broadband Funding Cases

On Friday, May 31, 2024, the District of Columbia Board on Professional Responsibility recommended the suspension of attorney Kristopher E. Twomey.

The case is entitled “In the Matter of Kristopher E. Twomey,” with case no. 23-BD-013.

Twomey, a solo practitioner based in California who focuses on regulatory issues for internet service providers, represented two telecommunications companies, LTD Broadband, and Monster Broadband, in their efforts to obtain federal funding through the Federal Communications Commission’s Rural Digital Opportunity Fund program. This program provides support to internet providers to expand broadband access in rural areas. To receive funding, companies had to first secure designation as an Eligible Telecommunications Carrier (ETC) in the states where they planned to provide service. They faced a deadline to obtain these designations unless granted a waiver by showing good faith efforts to comply.

An Ad Hoc Hearing Committee had held a two-day evidentiary hearing in October 2023 to consider charges by Disciplinary Counsel that Twomey violated various Rules of Professional Conduct in his representation of the two companies. The charges included lack of reasonable promptness, failure to properly communicate with clients, making false statements to third parties, and engaging in dishonesty, fraud, or misrepresentation.

In its Report, the Hearing Committee made extensive factual findings based on documentary evidence and testimony presented at the hearing. It found that Twomey failed to timely pursue ETC applications for LTD Broadband in California, Nebraska, and North Dakota, as well as for Monster Broadband in Tennessee. He also provided false assurances to the clients that the filings had been made properly. Most seriously, Twomey submitted a fabricated filing receipt to help LTD Broadband seek an extension of the FCC’s deadline, claiming the company had applied earlier in California than it actually did.

The Hearing Committee determined Twomey violated his duties of competence, communication, and candor. It recommended a two-year suspension, noting Twomey’s conduct constituted significant acts of dishonesty that betrayed his clients’ trust and expectations. Neither party filed any exceptions to the Hearing Committee’s report.

In its report, the Board on Professional Responsibility concurred with the Hearing Committee’s factual findings and legal conclusions. The Board adopted the Hearing Committee’s recommendation to suspend Twomey for two years. The suspension will serve to protect the public and maintain trust in the legal profession, by holding Twomey accountable for his dishonest actions and deterring similar misconduct by other attorneys.

The recommendation states:

“The Board concludes that Disciplinary Counsel proved by clear and convincing evidence that Respondent violated D.C. Rules of Professional Conduct I .3(c), 1.4(a) and (b), 4. I(a), and 8.4(c) and recommends that he be suspended for two years. The Board further recommends that the Respondent’s attention be directed to the requirements of D.C. Bar R. XI, 14, and their effect on eligibility for reinstatement.”

According to avvo.com, Mr. Twomey is an attorney in Washington, District of Columbia. He acquired his law license in the District of Columbia in 2008.

A copy of the original filing can be found here.