Reyes files Bar complaint vs 2 lawyers

Press secretary Charles P. Reyes Jr. has filed a complaint before the CNMI Bar Association against lawyers Stephen J. Nutting and James Sirok for alleged unprofessional conduct.

Reyes, as executor of the estate of his father, Charles Reyes, asked the CNMI Bar Association to sanction Nutting and Sirok for violation of professional conduct and to stop them from doing further harm to the heirs of his father’s estate.

Nutting said it is worth noting that “all the claims are frivolous.”

“Mr. Reyes is represented by a very capable counsel and none of his complaint to the media and the Bar Association were raised by any of the three attorneys who represented him so far in these proceedings,” Nutting said.

Nutting said he would let the Bar Association deal with the complaint.

Sirok said he has not seen the complaint.

“I don’t even know what he is complaining about to the Bar Association. So I can’t comment on it,” Sirok said.

Reyes said yesterday that he filed his complaint with the Bar Association on Feb. 24, 2008, but no action has been taken yet.

In his complaint to the association’s Disciplinary Committee chairman, Timothy H. Bellas, Reyes alleged that Nutting and Sirok violated the American Bar Association’s Model Rules of Professional Conduct in their representations involving his father’s estate.

Reyes said that under Rule 1.7 of the American Bar Association’s Model Rules of Professional Conduct, a lawyer “shall not represent a client if the representation involves a concurrent conflict of interest.”

With respect to Nutting, the executor said that on Jan. 5, 2007, on behalf of his client Maria Candado, Nutting filed a notice of claim against the estate in the Superior Court.

Reyes said Candado was his late father’s girlfriend.

He said Nutting’s claim against the estate represents a direct claim against the inheritance of Candado’s minor daughter.

Reyes said that in March 2007, Nutting filed a petition to have Brian P. Reyes, a former or existing client and a known Nutting’s business associate, appointed guardian ad litem for the minor child.

Although Nutting later had Brian Reyes hire lawyer Reynaldo Yana to represent him for the minor, Nutting filed the papers to have Brian Reyes appointed guardian ad litem.

Charles Reyes said that Nutting also filed a motion for partial distribution to have Brian Reyes collect rent for the minor’s mother, who is Nutting’s other client.

This was despite the fact that the child already had ample financial support from her late father’s Social Security and NMI Retirement Fund pension benefits, Charles Reyes said.

He said that Brian Reyes, his father’s estranged brother, had previously filed at least two claims against the estate: one claim for $10,000 and another for funeral expense reimbursements.

On Oct. 11, 2007, on behalf of the minor and Candado, Nutting filed a claimant’s objection to partial distribution, according to the executor.

In this court filing, Reyes pointed out, Nutting clearly represented himself as the attorney for the minor and Candado.

Incredibly, in this court document, Reyes said, Nutting objected to the executor’s motion to distribute the minor’s share of a bank certificate of deposit.

He said Nutting argued that his client (the minor) should not receive her share of the money through the executor’s motion to distribute because his other client, Candado, the mother, has a direct claim upon the funds for herself.

According to the Rules, Charles Reyes said, Nutting should not be able to do anything related to the child.

“Yet he has repeatedly acted with impunity and indifference to the rules on behalf of the minor child in this estate proceeding,” he added.

With respect to Sirok, Reyes said that while James Matsumoto served (pro bono) as the guardian ad litem for the child, Nutting had his client Candado hire Sirok to file a notice of appearance to represent the interests of the child, despite filing a claim against the minor’s inheritance.

In this instance, Reyes said, Sirok now simultaneously represents Candado as well as the minor, “a clear violation of the Model Rules and the Supreme Court’s ruling.”

With the approval of judge Juan T. Lizama, Reyes said, Sirok is both the court-sanctioned guardian ad litem and the attorney for the child.

Sirok also represented or still represents Candado, he alleged.

He said Matsumoto, the former guardian ad litem serving free of charge, was removed without cause and replaced with Sirok.

At the hearing, Reyes said, Sirok asked the court to transfer money previously entrusted to the former guardian, Matsumoto.

He said Sirok asked the court to direct Matsumoto to transfer the child’s money either to Candado or himself, falsely arguing that the funds were needed for the upkeep of the child.

However, when Candado testified, she admitted that the child’s money was needed to pay for her attorney’s fees.

“Sirok is not serving the best interests of the minor child,” Reyes said.