The formal complaint alleging violations of the rules of professional conduct committed by Elizabeth C. McNulty are not an isolated incident but rather, demonstrate a pattern that began on June 30, 2023 and continued until her withdrawal of representation on February 29, 2024.
The evidence for submission to the O.C.D.C. and for consideration that will support that allegations of violations are quite comprehensive. Specifically, telephone conversations between Pepper and McNulty, e;mail correspondences, witness depositions, court transcripts and case file which will be extremely difficult for McNulty to defend against if, the O.C.D.C. opens an investigation based upon the merits of the complaint.
Herein is a preliminary summary of the Model Rules of Professional Conduct (presented in a social media format) I will be citing and as I continue to aggregate the evidence upon a time line between the dates of entry of appearance by McNulty and withdrawal of representation by McNulty the complaint will be more comprehensive in scope.
Notice of Forth Coming Complaint to be filed with the Office of Chief Disciplinary Counsel naming Elizabeth C. McNulty Mo. Bar # 72026 as respondent.
🏛️ MISSOURI BAR COMPLAINT PENDING NOTICE
SUBJECT ATTORNEY:
- Name: Elizabeth C. McNulty 👩⚖️
- Missouri Bar Number: #72026 🆔
- Affiliation: The Simon Law Firm P.C. 🏢
⚠️ OFFICIAL STATUS: PENDING INVESTIGATION
NOTICE TO INTERESTED PARTIES: Please be advised that a formal complaint is being prepared for submission to the Office of Chief Disciplinary Counsel (OCDC) of the Supreme Court of Missouri regarding the professional conduct of Elizabeth C. McNulty. 📂
NATURE OF ALLEGATIONS: The complaint involves a comprehensive review of conduct during the legal representation of Albert B. Pepper Jr. in the medical malpractice matter of Pepper v. Gelfand, M.D. (Case No. 19SL-CC04680). ⚖️
KEY GROUNDS FOR COMPLAINT:
- 🚫 Nonfeasance: Alleged failure to perform essential legal duties and oversight.
- ⚠️ Misfeasance: Alleged improper performance of lawful acts, specifically during critical mediation and settlement phases.
- 🛑 Malfeasance: Alleged intentional conduct that is wrongful or unlawful, including potential breaches of fiduciary duty and client confidentiality.
🔍 POINTS OF INQUIRY
- Mediation Misconduct: Alleged failure to intervene or protect client interests during a failed mediation where lead counsel allegedly disclosed privileged information to the defense. 🤐
- Successor Liability: Inquiry into the duty of care owed to the client following the sudden departure of lead counsel from The Simon Law Firm P.C. 🏃♂️💨
- Ethical Violations: Potential breaches of Missouri Supreme Court Rule 4, specifically regarding:
- Rule 4-1.1: Competence 🧠
- Rule 4-1.3: Diligence ⌚
- Rule 4-1.4: Communication 📞
- Rule 4-8.4: Misconduct 🚫
Pepper will present to the Office Of Chief Disciplinary counsel: a) Telephone audio recordings made by Pepper. b) Email correspondences between Pepper and McNulty. c) Deposition transcripts. d) Court transcript. e) Case file.
📢 CONSUMER ALERT
"The choice of a lawyer is an important decision and should not be based solely upon advertisements." 📰