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¶4 On September 15, 2014, the OLR filed
a complaint against Attorney Atta. Attorney
Atta filed an answer on October 14, 2014.
The referee was appointed on December 15,
2014. The parties' stipulation was filed on
February 19, 2016. As part of the
stipulation, Attorney Atta withdrew his
answer to the complaint and pled no contest
to the eight counts of misconduct alleged
therein.
¶5 This matter arose out of Attorney
Atta's representation of BA-B. In April of
2010, Attorney Atta agreed to represent her
in a divorce action and also agreed to
assist her in immigration matters involving
her husband, AAN. Both BA-B and her husband
were born in Jordan. In the spring of 2009,
the couple had discussed the possibility of
divorce and AAN had returned to Jordan,
received a divorce decree there, and married
another woman. In seeking Attorney Atta's
assistance, BA-B sought to protect herself,
as well as her young daughter, from AAN's
actions.
¶6 Beginning in September 2010,
Attorney Atta's professional relationship
with BA-B became increasingly personal, and
the two had sexual relations. A consensual
sexual relationship had not existed between
them prior to the time their attorney-client
relationship began. Between April 2012 and
February 2013, Attorney Atta and BA-B had
numerous telephone conversations, with a
majority of the calls being lengthy and
after midnight. In one telephone
conversation, Attorney Atta told BA-B he had
strong feelings for her, discussed one day
being married to her, and discussed intimate
topics. Attorney Atta went to BA-B's house
for dinners. Attorney Atta, BA-B, and her
young daughter would also go out for lunch
or dinner together at local restaurants.
¶7 Attorney Atta's personal
communications, interactions, and personal
relationship with his client while he
continued to represent her in her divorce
action created a conflict of interest on
Attorney Atta's part. In March 2013, near
the end of the divorce proceeding, AAN
accused Attorney Atta of having a romantic
relationship with BA-B. On March 11, 2013,
AAN's attorney emailed Attorney Atta
expressing concern that his client was
claiming Attorney Atta had some sort of
relationship with AB-B. Attorney Atta
responded to the email by denying that such
a relationship existed and claimed that AAN
and his new wife were spreading false
rumors.
¶8 On March 12, 2013, the circuit court
held a final, stipulated hearing in the
divorce case. Prior to the hearing, AAN's
attorney met with Attorney Atta and the
judge in chambers to discuss the concerns
raised by AAN. The court asked the parties
to state their concerns on the record. AAN's
attorney expressed concern that there was a
romantic relationship between Attorney Atta
and BA-B. Attorney Atta responded by saying
that the allegations were "entirely without
merit" and he accused AAN and his new wife
of "going around the community trying to
badmouth me, badmouthing my client, alleging
that we are sleeping together, alleging that
my client is sleeping with other men, and so
forth." At the hearing, the circuit court
accepted the terms of the stipulation on all
issues, granted the divorce, and ordered
Attorney Atta to submit proposed findings of
fact, conclusions of law, and a judgment to
the court within 30 days.
¶9 Attorney Atta and BA-B continued to
speak after the divorce hearing, but by May
2013, their relationship had deteriorated.
By the end of May 2013, Attorney Atta had
not yet filed the proposed findings of fact,
conclusions of law, and judgment with the
court. On May 24, 2013, BA-B sent Attorney
Atta an email expressing concern that the
final divorce papers had not yet been
prepared. On May 28, BA-B wrote to the
court asking for assistance in having the
paperwork completed. On May 31, 2013, AAN's
attorney emailed Attorney Atta asking him to
advise of the status of the matter.
Attorney Atta did not respond for over two
weeks.
¶10 On June 16, 2013, Attorney Atta
responded to AAN's attorney's email, saying
he would drop off the proposed documents the
next day. On June 18, 2013, Attorney Atta
forwarded his proposed findings of fact,
conclusions of law, and judgment,
apologizing for the delay. Attorney Atta
emailed BA-B the proposed documents on July
1, explaining the changes made and advising
her on outstanding issues, including past
due child support and credit card debt.
Without BA-B's consent, Attorney Atta copied
his email, including the findings of fact,
conclusions of law, and judgment, to his
brother, Ihsan Atta. BA-B had met with and
been in contact with Attorney Atta's
brother. On July 1, 2013, after
incorporating subsequent language changes
proposed by both attorneys, Attorney Atta
sent the final proposed documents to the
court. The court signed the documents and
submitted them for filing on July 16, 2013.
¶11 On August 8, 2013, BA-B filed a
telephonic grievance against Attorney Atta,
alleging that he intentionally delayed
filing the divorce documents after she
terminated their relationship. BA-B was also
upset that Attorney Atta had copied his
brother with the divorce papers, and she
asserted that Attorney Atta had taken
advantage of her by engaging in a sexual
relationship with her while she was in an
emotional stage in her life.
¶12 On October 5, 2013, the OLR sent
Atta a formal notice of investigation asking
him to respond to BA-B's allegations.
Attorney Atta responded on December 16,
2013, claiming the allegations were
completely false. He denied he and BA-B had
a sexual relationship and stated that BA-B
wanted to marry him and told him if he did
not agree to the marriage she would file
false accusations against him. As to the
late night phone calls, Attorney Atta said
he regularly conducted business outside of
regular business hours and he knew BA-B
stayed up late. Attorney Atta admitted that
he met BA-B for coffee, lunch, and dinner,
but said he would do that with any client.
On April 1, 2014, the OLR requested
supplemental information from Attorney
Atta regarding the grievance. Attorney Atta
failed to timely respond.
¶13 The referee's March 15, 2016 report
and recommendation found that the OLR met
its burden of proof with respect to the
following counts of misconduct:
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