Consent Sanction For Failure To Disclose Client’s Death

A consent disposition of a 30-day suspension has been ordered by the District of Columbia Court of Appeals.

The attorney failed to disclose in a mediation that his client had died.

Based upon respondent’s recognition that he engaged in misrepresentation and that this misrepresentation seriously interfered with the administration of justice, he admittedly violated Rule 8.4 (c) and 8.4 (d) of the District of Columbia Rules of Professional Conduct. The Committee considered the following circumstances in mitigation: (1) respondent’s remorse for his actions, (2) his statement that his actions were not for personal gain, and (3) the absence of any prior disciplinary action during thirty-five years of practicing law. As a result, Disciplinary Counsel and respondent negotiated the imposition of discipline in the form of a thirty-day suspension. The Committee reviewed this agreement and concluded, after the limited hearing on the petition, an ex parte review of Disciplinary Counsel’s files and records, and ex parte communications with Disciplinary Counsel, that the petition for negotiated discipline should be approved.

Consent dispositions (which are much needed to help resolve the – to put it charitably- glacial pace of D.C. bar discipline) have no value as sanction precedent. (Mike Frisch)