Columbia attorney Daniel Viets primarily practices criminal law. In 2011, he agreed to represent two siblings who were charged as codefendants with cultivating and possessing marijuana with intent to distribute and possession of an illegal firearm. A maintenance worker discovered the marijuana and gun in the siblings’ rented condominium. The marijuana plants and gun were located in the brother’s bedroom. Marijuana and other drug paraphernalia were found in the condominium’s common areas. The sister traveled frequently and spent approximately 20 days at the condominium that summer. Viets sent the siblings a letter in which he explained that attorneys must establish there is no conflict of interest that would result from representing codefendants. Although he did not believe there would be a conflict representing the siblings, he requested they sign a waiver. The siblings signed the waiver, which Viets had included with the letter. Over the course of the litigation, the siblings received various plea offers, some of which would require them to agree to testify against or not testify in favor of the other sibling. Ultimately, the state offered the sister a plea deal in which it would dismiss the weapons charge and another unrelated charge against her if she would enter an open plea to the marijuana charges. The plea was made contingent on the brother pleading guilty to all charges. The siblings pleaded guilty pursuant to the offer. The brother was sentenced to a total of 22 years in prison; the sister was sentenced to 15 years in prison. After this Court granted the siblings postconviction relief, the chief disciplinary counsel filed an information alleging Viets violated Rule 4-1.7 relating to conflict of interest. After a hearing, a disciplinary panel found Viets violated the rule and recommended he be suspended without leave to reapply for six months. Viets rejected the panel’s recommendation and argues reprimand is the appropriate discipline.  

This case presents two questions for this Court – whether Viets violated rules of professional conduct and, if so, what discipline, if any, is appropriate.