All Or Nothing At All

The District of Columbia Court of Appeals stayed an order of disbarment and imposed a three-year period of probation for misconduct that included reckless or intentional misappropriation.

While the normative sanction for such misconduct is disbarment absent extraordinary circumstances, the court affirmed findings that the violations would not have occurred but for the attorney’s dysthymia.

To her credit, respondent admitted that she committed all of the violations, including intentional or reckless misappropriation, she has shown remorse for her misconduct, and she has been substantially rehabilitated as a result of psychotherapy treatment.

The probation is subject to monitoring and

Should respondent violate the terms of her probation or commit any additional violation of the Rules of Professional Conduct, she will be subject to revocation of her probation and face disbarment.

In D.C., what is referred to as Kersey-style mitigation is a pretty much all-or-nothing proposition. Either you establish mitigation and get a fully-stayed sanction or you don’t and get the full dose of discipline.

This is in part my legacy as I represented Bar Counsel in the Kersey case. (Mike Frisch)