ETHICS & PROFESSIONAL RESPONSIBILITY
Hannah Rogers
Disciplinary Matter Involving Gayle Brown, Attorney
In Disciplinary Matter Involving Gayle Brown, Attorney, 481 P.3d 678 (Alaska 2021), the supreme court held that a three year and one day suspension with one year stay is an appropriate sanction for an attorney’s misconduct when the attorney has failed to act with diligence and promptness in a postconviction case, failed to keep her client reasonably informed, and failed to make reasonable efforts to expedite litigation. (Id. at 678). Alaska appointed attorney Gayle Brown to represent client M.N. in a post-conviction relief action. (Id. at 679). Brown failed to respond to the State’s motion to dismiss, and when the court re-opened the case on condition Brown would file an opposition to the State’s motion, Brown also failed to meet that pleading deadline. (Id.). After M.N.’s multiple failed attempts to communicate with Brown, Brown finally filed a formal notice of appeal, more than one year late. (Id. at 680). According to M.N.’s affidavit, Brown never instructed M.N. that he had a right to appeal and did not explain the significance of the court’s dismissal. (Id.). The Court found that Brown violated the following Alaska Rules of Professional Conduct in the M.N. matter: Rule 1.4(a) (Communication: Case Status) and Rule 3.2 (Expediting Litigation). (Id. at 681). Brown also represented client A.A. in a post-conviction relief action. (Id.). Brown repeatedly missed deadlines in A.A.’s proceedings, causing the court to dismiss the case. (Id.). The Court found Brown violated the following Alaska Rules of Professional Conduct in the A.A. matter: Rule 1.3 (Diligence), Rule 1.4(a) (Communication: Case Status), and Rule 3.2 (Expediting Litigation). (Id. at 682). Per ABA Standards § 3.0, the Court weighed the duty violated, the lawyer’s mental state, the actual or potential injury caused by the lawyer’s misconduct, and the existence of aggravating or mitigating factors. (Id.). The Court determined suspension for three years and one day was the appropriate discipline for Brown’s failure to meet the deadlines in two matters and failing to advance her clients’ matters without delay. (Id. at 683). The supreme court agreed with the legal analysis set out in stipulation and held that a three year and one day suspension with one year stay is an appropriate sanction for an attorney’s misconduct when the attorney has failed to act with diligence and promptness in a postconviction case, failed to keep her client reasonably informed, and failed to make reasonable efforts to expedite litigation. (Id. at 678).
