04-1665-D In the Matter of Disciplinary Proceedings Against Stacy Michelle Rios

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“Attorney Rios apparently advised the Office of Lawyer Regulation (OLR) that her ‘strategy’ was to purposely not file the motion on the deadline and that she intended to assist T.S. in filing a pro se motion claiming lawyer negligence. T.S., however, was not advised of this strategy prior to the deadline for filing the petition for writ of habeas corpus. After the disciplinary investigation commenced, Attorney Rios did return the $2,000 retainer to T.S.’s family. However, Attorney Rios failed to cooperate with the disciplinary investigation, and impeded efforts to communicate with her by failing to advise the OLR of a change in business address. Attorney Rios eventually withdrew her answer to the Complaint; she does not contest the allegations contained in the Complaint. The OLR alleged and the referee found that by failing to timely file a petition for writ of habeas corpus on behalf of T.S., Attorney Rios failed to represent a client with the legal knowledge, skill, thoroughness, and preparation reasonably necessary for representation, in violation of SCR 20:1.1. The OLR alleged and the referee found that by failing to respond to letters and telephone calls from T.S. and his family, Attorney Rios failed to keep T.S. reasonably informed about the status of a matter and to promptly comply with reasonable requests for information in violation of SCR 20:1.4(a). The OLR alleged and the referee found that by failing to explain her purportedly legal strategy to T.S. prior to the filing deadline, Attorney Rios failed to explain a matter to the extent reasonably necessary to permit T.S. to make an informed decision regarding the representation, in violation of SCR 20:1.4(b). The OLR alleged and the referee found that by failing to return T.S.’s file after he requested it, Attorney Rios failed to timely surrender papers and property to which T.S. was entitled upon termination of representation, in violation of SCR 20:1.16(d).”