Substantially Different Discipline

Is a five-year suspension with proof of fitness for reinstatement substantially different from disbarment, which is a five-year suspension with proof of fitness for reinstatement? Yes, according to the D.C. Board on Professional Responsibility. Adopting the Board’s recommendation, the D. C. Court of Appeals comments that “whether this is correct or not is debatable, given that the only difference between the Massachusetts discipline…is the opprobrium which attaches to the term disbarment.” The court did not decide the issue because no exceptions were filed. (Mike Frisch)