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In the Matter of Jerry W. Moncus

The Supreme Court accepted an attorney's petition for voluntary discipline and imposed a public reprimand after the attorney failed to adequately communicate with a client.

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This disciplinary matter is before the Court on the petition for voluntary discipline filed by Jerry Wayne Moncus State Bar No. 515690; the petition was filed before the State Bar petitioned for the appointment of a special master, see Bar Rule 4-227. Moncus seeks the imposition of a Review Panel reprimand based on his failure to communicate adequately with a client he was representing in civil litigation.

Moncus, who was admitted to the Bar in 1992, admits in his petition that in July 2008 he was retained by a client and filed a civil complaint on the client’s behalf in October 2008. At the time Moncus was a sole practitioner with only one full time employee involved in communicating with clients on his behalf. Early in the discovery phase, the defendant produced documents that had a significant adverse effect on his case. Nevertheless, the client elected to proceed with the case. Moncus had difficulty getting the client to respond to discovery, writing several letters to which he received no response; the client asserted that he did not receive the letters. When the defendant filed a motion for summary judgment, Moncus informed the client by letter. Although the client responded to Moncus’s letter, the client did not authorize Moncus to respond to the motion. The trial court granted the motion in 2010. In January 2011, the defendant filed a separate abusive litigation action against the client, and Moncus represented the client without charge in that action. A jury returned a verdict against the client for $6,300 in general damages and $3,700 in punitive damages, which was less than the plaintiff’s cost of defense in the original action.

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