Recent Public Discipline Cases
The rules for discipline of Idaho lawyers are established by the Idaho Supreme Court, through Section V of the Idaho Bar Commission Rules. IBCR 521 provides for two types of disciplinary sanctions: private discipline (for less-serious violations) and public discipline (for more serious violations). Only public discipline sanctions are announced publicly.
The following public discipline decisions have been published in the past 30 days. Questions about any public discipline case may be directed to the Bar Counsel's Office at (208) 334-4500.
MARK T. MCHUGH
(Disbarment)
On September 3, 2009, the Idaho Supreme Court issued an Order of Disbarment disbarring Boise lawyer Mark T. McHugh from the practice of law in the State of Idaho. The Idaho Supreme Court’s Order followed a Professional Conduct Board order and recommendation of disbarment in a formal charge disciplinary proceeding filed by the Idaho State Bar. Although given proper notice of the disciplinary proceeding, Mr. McHugh did not appear or otherwise participate in this proceeding.
On December 1, 2008, the Idaho State Bar filed a formal charge Complaint against Mr. McHugh alleging eight counts of professional misconduct. The first count alleged violations of Idaho Rules of Professional Conduct (“I.R.P.C.”) 1.5(f) [Failure to provide itemized accounting] and 1.16(d) [Failure to return unearned fees upon termination of representation], for failing to provide an accounting of fees upon request and failing to return an unearned fee upon termination of the representation by the client. This count also alleged that Mr. McHugh violated I.R.P.C. 1.15(a) [A lawyer shall hold property of clients separate from the lawyer’s own property], for failing to hold the unearned fee in trust because when he finally returned the fee to his client, his check was returned for insufficient funds. Three other counts in the Complaint alleged that Mr. McHugh violated I.R.P.C. 1.2(a) [A lawyer shall abide by a client’s decisions concerning the objectives of representation and shall consult with the client as to the means by which they are to be pursued], 1.3 [Diligence], 1.4 [Communication], 1.16(d) [Failure to return unearned fees upon termination of representation], 8.4(c) [Conduct involving dishonesty, fraud, deceit or misrepresentation], and 8.4(d) [Conduct that is prejudicial to the administration of justice], for failing to perform the work for which he was hired, for failing to communicate with his clients, and for failing to return unearned fees. The remaining four counts in the Complaint alleged that Mr. McHugh violated I.R.P.C. 8.1(b) [A lawyer in connection with a disciplinary matter shall not knowingly fail to respond to a lawful demand for information from a disciplinary authority] and Idaho Bar Commission Rule (“I.B.C.R.”) 505(e) [Failure to respond to a request from Bar Counsel shall be grounds for imposition of sanctions], for failing to respond to Bar Counsel’s inquiries into the grievances filed against him by his clients.
Also on December 1, 2008, the Idaho State Bar filed with the Idaho Supreme Court a Petition for Interim Suspension of License to Practice Law against Mr. McHugh pursuant to I.B.C.R. 510. The Bar’s petition was based upon its belief that Mr. McHugh posed a substantial threat of serious harm to the public and because he failed, without justifiable grounds, to cooperate with or respond to Bar Counsel’s requests for information. On December 22, 2008, the Idaho Supreme Court issued an order granting the petition and placed Mr. McHugh on interim suspension effective at 5:00 p.m. that day.
On January 28, 2009, the Idaho State Bar filed an Amended Complaint against Mr. McHugh alleging four additional counts of professional misconduct. Two counts alleged violations of 1.2(a) [A lawyer shall abide by a client’s decisions concerning the objectives of representation and shall consult with the client as to the means by which they are to be pursued], 1.4 [Communication], 1.5(a) [Unreasonable fee], 8.4(c) [Conduct involving dishonesty, fraud, deceit or misrepresentation], and 8.4(d) [Conduct that is prejudicial to the administration of justice], for accepting attorney fees from two clients, failing to perform the work for which he was hired, failing to communicate with his clients, and for failing to return the unearned fees. Two counts alleged that Mr. McHugh violated I.R.P.C. 8.1(b) [A lawyer in connection with a disciplinary matter shall not knowingly fail to respond to a lawful demand for information from a disciplinary authority], and Idaho Bar Commission Rule 505(e) [Failure to respond to a request from Bar Counsel shall be grounds for imposition of sanctions], for failing to respond to Bar Counsel’s inquiries into the grievances filed against him by his clients.
On April 7, 2009, the Idaho State Bar filed a Second Amended Complaint against Mr. McHugh alleging seven additional counts of professional misconduct. Within six of those counts, the Bar alleged three violations of I.R.P.C. 1.2(a) [A lawyer shall abide by a client’s decisions concerning the objectives of representation and shall consult with the client as to the means by which they are to be pursued], two violations of I.R.P.C. 1.3 [Diligence], six violations of I.R.P.C. 1.4 [Communication], one violation of 1.5(f) [Failure to provide itemized accounting], six violations of I.R.P.C. 1.16(d) [Failure to return unearned fees upon termination of representation], and one violation of I.R.P.C. 8.4(c) [Conduct involving dishonesty, fraud, deceit or misrepresentation], for accepting fees, failing to perform the work for which he was hired, and for failing to return the unearned fees. The Second Amended Complaint also alleged, with respect to three clients, violations of I.B.C.R 517(a)(1) [Notice of a Supreme Court order imposing interim suspension shall be given by the Respondent to all clients being represented in pending matters], for failing to inform those clients that he could no longer represent them due to his December 22, 2008 interim suspension. These clients did not know Mr. McHugh was unable to represent them until they appeared in Court and were so informed by the presiding judges. One of the additional counts in the Second Amended Complaint alleged violations of I.R.P.C. 8.1(b) [A lawyer in connection with a disciplinary matter shall not knowingly fail to respond to a lawful demand for information from a disciplinary authority] and Idaho Bar Commission Rule 505(e) [Failure to respond to a request from Bar Counsel shall be grounds for imposition of sanctions], for failing to respond to Bar Counsel’s inquiries into the grievance filed against him by a client.
Based upon those violations of the Idaho Rules of Professional Conduct and the Idaho Bar Commission Rules, the Idaho Supreme Court ordered the imposition of the sanction of disbarment, that Mr. McHugh’s admission to practice law in the State of Idaho be revoked, and that his name be stricken from the records of the Idaho Supreme Court as a member of the Idaho State Bar. The Court further ordered that Mr. McHugh reimburse the Idaho State Bar for all costs and expenses incurred in investigating and prosecuting this matter.
The Idaho Supreme Court ordered that before Mr. McHugh is permitted to make application for admission to the Idaho State Bar, not sooner than five years from the effective date of the disbarment, he must make restitution to eight specific clients. The Court further ordered that if any of those clients are reimbursed by the Client Assistance Fund as a result of a determination of Mr. McHugh’s dishonest conduct, or any other clients are reimbursed by the Client Assistance Fund, that Mr. McHugh must make restitution to the Client Assistance Fund for all claims paid by the Fund before he may apply for admission to the Idaho State Bar.
Inquiries about this matter may be directed to: Bar Counsel, Idaho State Bar, P.O. Box 895, Boise, ID 83701, (208) 334-4500.