Elizabeth C. McNulty | Pending Mo. Bar Complaint

Recipient: Office of Chief Disciplinary Counsel (OCDC) & The Missouri Bar
Subject Attorney: Elizabeth C. McNulty (Missouri Bar #72026)

Affiliated Firm: The Simon Law Firm P.C.

Case Reference: Pepper v. Gelfand, M.D. (Case No. 19SL-CC04680, 21st Judicial Circuit)

 
Statement of Public Interest and Accountability

This petition serves as a formal Notice of Allegations and a call for transparency regarding the professional conduct of Elizabeth C. McNulty and the successor liability of The Simon Law Firm P.C. As consumers of legal services, the public relies on the integrity of the Missouri Supreme Court Rule 4 (Rules of Professional Conduct) to ensure that the "priesthood" of the bar operates with competence, diligence, and absolute fiduciary loyalty.

When a legal institution fails to protect the interests of a client—specifically in high-stakes medical malpractice litigation—it represents a hazard to the general public and the "Winningest Firm" brand identity. - Do not be fooled by law firm advertising. Law firms often act with caprice and bias as to how they represent a client at times sweeping the client and his cause under the rug or out the door. --- Have you had that experience with a lawyer or attorney? Being taken advantage of by the disproportionate power dynamics of the attorney / client relationship? It happened to me.

 
Core Allegations of Professional Misconduct
The pending complaint to the Office of Chief Disciplinary Counsel (OCDC) involves a comprehensive review of specific violations of the Missouri Rules of Professional Conduct. The allegations include:

Nonfeasance: Alleged systematic failure to perform essential legal duties and oversight following the mid-litigation departure of previous lead counsel, Anthony R. Friedman (Mo. Bar #65531).

Misfeasance: Alleged improper performance of lawful acts, specifically concerning the handling of privileged information during mediation and the critical settlement phases.

Malfeasance: Alleged intentional conduct that is wrongful or unlawful, including potential breaches of Rule 4-1.6 (Confidentiality) and Rule 4-1.7 (Conflict of Interest).

Technical Violations Cited for Investigation:
Rule 4-1.1 (Competence): Failure to maintain the legal knowledge and skill required for complex malpractice representation.

Rule 4-1.3 (Diligence): Failure to act with reasonable diligence and promptness in representing a client.

Rule 4-1.4 (Communication): Failure to keep the client reasonably informed about the status of the matter.

Rule 4-8.4 (Misconduct): Conduct involving dishonesty, fraud, deceit, or misrepresentation that is prejudicial to the administration of justice.
 
The Evidence
This petition is supported by a robust evidentiary file currently being prepared for the OCDC, including but not limited to:

Audio Recordings: Lawfully obtained telephone recordings (per Mo. Rev. Stat. § 542.402) documenting attorney-client interactions.

Case File Discrepancies: Email correspondence and deposition transcripts highlighting deviations from the standard of care.

Trial & Court Transcripts: Documentation of conduct through the conclusion of Case No. 19SL-CC04680.
 
Why This Matters to the Public
"The choice of a lawyer is an important decision and should not be based solely upon advertisements." This petition is a call for Citizen Journalism and Consumer Advocacy. We are seeking to ensure that:

The OCDC conducts a thorough investigation into the transition of lead counsel at The Simon Law Firm P.C.

Legal consumers are alerted to the potential risks of Successor Liability when a firm’s internal departures compromise client outcomes.

 
The Demand
We, the undersigned, support the investigation of Elizabeth C. McNulty (Mo. Bar #71957) and demand that the Missouri Bar and the Office of Chief Disciplinary Counsel uphold the highest standards of the profession. We stand with Albert B. Pepper Jr., a litigant pro se and consumer advocate, in his pursuit of accountability for attorney malfeasance.

Ladies and gentlemen it happens all too often. Perhaps it happened to you. Mistreatment by the very attorney into whose hands you deposited your trust. And they do it with relative impunity because we are entirely disadvantaged by the process.

That is about to change. --- I am creating a "blue print" where any aggrieved former client may have a voice, a loud voice. A voice that competes with the multi-million dollar public relations machine of attorneys, lawyers and law firms. 

Sign the petition and visit this site which is now being created: https://shoutitoutloud.org/

Signed, Shout It Out Loud --- A movement to hold attorneys, lawyers and law firms accountable..!