Complaint Against Attorney Denis P. Fleming Essay

Complaint Against Attorney Denis P. Fleming Essay

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COMPLAINT
Yvette Dookrhan filed a complaint on May 4, 2015, against Attorney Denis P. Fleming when he allegedly failed to file her “immigration paper”, and subsequently did not provide a full refund upon Dookrhan’s request. Fleming has allegedly violated Mass.R.Prof.C. 1.1, 1.2, 1.3, 1.4(a) &(b), 1.16(d) and (e).
FACTS
Yvette Dookrhan met Fleming at an immigration clinic in South Boston, and subsequently retained Fleming to assist in filing immigration paperwork with the United States Immigration and Citizenship Service (USCIS). On February 7, 2014, Dookrhan provided a check for a $2,500 retainer fee to Fleming. Dookrhan asserts that she initially provided all of the necessary information for the immigration papers except for a physical and passport picture. She made several attempts to get in touch with Fleming, about filing the paperwork, but was unable to reach him as his voicemail box was full. In an attempt to reach him, Dookrhan even reached out to the person who ran the South Boston Immigration clinic where they had met.
Dookrhan explains that once she had her physical results and passport photo she attempted to meet with Fleming, however when she arrived he informed her that “someone broke in stole his computer, another time having personal issue excuses after excuse.” Eventually, Dookrhan decided that she wanted her money back, as she felt that Fleming was not appropriately handling her case. When she made the request for ther retainer to be returned, she claims that Fleming told her his accounts were closed. He allegedly told Dookrhan that he would write her a personal check for $1,000.00, and mail the rest.
On May 14, 2015, I spoke with Dookrhan in order to obtain more information about her complaint as the sta...


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RESPONDENT’S HISTORY WITH OFFICE OF BAR COUNSEL
Fleming currently has six pending complaints including this case, and ten disposed cases. The disposed cases consist of one dismissed case, four closed without opening a formal complaint, and five public reprimands. The five public reprimands were addressed in Public Reprimand No. 2013-5. On April 17, 2013, the board issued the public reprimand which states that Fleming violated Mass.R.Prof.C. 1.1, 1.2, 1.3, 1.4(a) & (b), and 8.4(c), when representing three immigration clients.
Additionally, Fleming has 14 ACAP calls since 2004, which includes a call from this complainant. The ACAP calls consist mainly of complaints of lack of diligence in immigration matters, but there are various other complaints that include failure to return a file to former clients and failure to do work on a case after accepting a fee.

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