Consent Dispositions Gaining Momentum In D.C.

There appears to be a recent trend toward the approval of consent dispositions in the District of Columbia.

The Court of Appeals approved a nine-month with fitness consent

Based upon the three incidents identified in the Specification of Charges, respondent admittedly violated numerous rules of the District of Columbia Rules of Professional Conduct, which led Bar Counsel and respondent to negotiate discipline in the form of a nine-month suspension, with a fitness requirement for reinstatement. Bar Counsel filed a petition to this effect and the Committee concluded, after the limited hearing on the petition, an in camera review of Bar Counsel’s investigative files and records, and its ex parte meeting with Bar Counsel, that respondent violated the numerous Rules of Professional Conduct and D.C. Bar Rule identified in the Specification of Charges.

We agree with the Committee’s recommendation because it properly applied D.C. Bar XI 12.1 (c) to arrive at this conclusion, and we find no error in the Committee’s determination. Furthermore, the Committee considered the aggravating factors and mitigating circumstances, including respondent belatedly taking full responsibility for his actions, his decision to voluntarily cease practicing law, payment of restitution to all clients, and, after his initial non-compliance, full cooperation with Bar Counsel.

As to sanction

Although this court has not previously exceeded the six month parameter for suspension, respondent’s pattern of misconduct over a four-year period, coupled with his consent to the sanction, affords the court discretion to impose a nine month suspension.

Consent dispositions do not have precedential value for sanction purposes.

I only hope this trend continues. (Mike Frisch)