Non-Response As Consent

The District of Columbia Board on Professional Responsibility has blessed a consent to disbarment under somewhat unusual circumstances

Disciplinary Counsel seeks reconsideration of the Board’s December 28, 2015 order denying Disciplinary Counsel’s December 7, 2015 motion to accept Respondent’s consent to disbarment. After reviewing Disciplinary Counsel’s motion and Respondent’s December 7, 2015 affidavit declaring consent to disbarment, the motion was denied, because the affidavit raised a question whether Respondent’s consent was based on a mistake of law. Order, In re Henderson, Bar Docket Nos. 2014-D172 et al. (Dec. 28, 2015) (under seal).  The Board’s order permitted Disciplinary Counsel to file a renewed motion clarifying this issue.

In its motion for reconsideration, Disciplinary Counsel represents that Respondent agreed to submit a revised affidavit that would resolve the issue identified in the December 28 order, but that Respondent has not done so. Respondent has neither responded to Disciplinary Counsel’s motion for reconsideration, nor revoked his consent to disbarment by other means…

Upon consideration of Respondent’s affidavit declaring his consent to disbarment, Disciplinary Counsel’s representations in its motion for reconsideration, Respondent failure to respond to the motion for reconsideration, or to revoke his consent to disbarment by any other means, the Board, acting through its Chair, and pursuant to D.C. Bar R. XI, § 12(b) and Board Rule 16.2, recommends that the Court enter an order disbarring Respondent on consent pursuant to D.C. Bar R. XI, § 12(b).

If the affidavit was not sufficient, I am not sure how the attorney’s subsequent non-participation is a cure. Nonetheless, if an attorney facing multiple complaints (here five( wants to end the process by agreeing to the ultimate sanction, why nitpick the affidavit?

The case is In re Reid Henderson and can be found at this link. (Mike Frisch)