David Donovan//July 26, 2021//
Attorney: R. Steve Monks
Location: Raleigh
Bar membership: Member since 2003
Disciplinary action: Reprimanded on May 14
Background: In 2019, Monks filed a motion seeking an ex parte child custody order on behalf of a client, and an amended motion seeking the same. Both times, Monks failed to provide opposing counsel with two hours’ prior notice of his intent to seek ex parte relief as required by the local rules of court. When he presented the amended order, Monks failed to disclose that he couldn’t prove that the opposing party had received the requisite notice and that the opposing party had indicated that she was represented by counsel. In a separate domestic case, Monks communicated directly with an opposing party whom he knew was represented by counsel.
Previous discipline: Monks was reprimanded on Aug. 31, 2020. In two matters involving his representation of clients in immigration matters, Monks violated rules of professional conduct related to diligence and/or adequate communication with a client. One of those clients also signed a waiver releasing Monks from all prospective malpractice and liability as a result of his representation. Monks later paid the client $2,500 to cover “costs,” thereby settling a claim for liability or potential liability with a former client without advising him in writing to consult independent legal counsel before doing so.
All information contained in the Bar Discipline Roundup is compiled and edited by Lawyers Weekly editor-in-chief David Donovan. He can be reached at [email protected].