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In the Matter of Xavier C. Dicks

The Supreme Court disbarred an attorney for conduct arising out of his abandonment of a client's legal matter.

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This disciplinary matter is before the Court on the Review Panel’s post-remand report and recommendation which recommends that this Court disbar Respondent Xavier Cornell Dicks State Bar No. 221142 for conduct arising out of his abandonment of a client.

The procedural history of this case is somewhat complicated but the record shows that after the State Bar filed a formal complaint, Dicks, who was admitted to the Bar in 1991, filed a petition for voluntary discipline seeking a public reprimand and promising to pay restitution. The facts, as admitted in Dicks’ answer to the formal complaint and in the voluntary petition, and as established at the hearing before the special master, show that a client had hired Dicks in June 2007 to represent the client in a suit to enforce a mechanic’s lien to recover $175,000. Although Dicks was aware that the statute of limitations to enforce the lien would expire on December 15, 2007, Dicks did not file an action to enforce the lien until January 18, 2008. At the time he filed the suit, Dicks believed it had no merit. Dicks failed to appear at the hearing scheduled on the motion to dismiss the action and the trial court dismissed it for failure to prosecute. Dicks did not inform his client that the action had been dismissed. Dicks re-filed the action, but it was dismissed with prejudice because the original action had not been timely filed. Dicks again failed to timely notify his client of the dismissal.

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