Too Late To Resign

An attorney’s attempt to resign from the Bar while pending discipline was rejected by the District of Columbia Court of Appeals in a per curiam order of disbarment.

Mr. McClure’s resignation from the District of Columbia Bar does not preclude disbarment. Pursuant to D.C. Bar R. II, § 7, “a member of the District of Columbia Bar who is in good standing and not under investigation as provided in Rule XI § 7” may elect “to discontinue the practice of law in the District of Columbia, and to terminate his or her membership in the Bar.” Because Mr. McClure was suspended from the practice of law in the District of Columbia, effective March 24, 2016, pending the final disposition of this case, he is not a member in good standing. Moreover, we have stated previously that an attorney may not “avoid imminent disciplinary review by filing a voluntary resignation on the eve of the commencement of an investigation or disciplinary proceeding.” In re Phillips, 452 A.2d 345, 348 (D.C. 1982) (per curiam); see also In re Webster, 661 A.2d 144, 145 n.2 (D.C. 1995). Nor may an attorney avoid the Board’s recommended sanction by resigning during temporary suspension and prior to this court’s decision on the Board’s Report and Recommendation.

Background

the Ad Hoc Committee made extensive factual findings on each of the charged violations and determined that Mr. McClure violated Rules 1.1 (a) and (b), 1.5 (a), 3.3 (a), 3.4 (c), and 8.4 (c) and (d). Based on its view that Mr. McClure’s dishonesty was not “flagrant,” the Ad Hoc Committee recommended suspending Mr. McClure for eighteen months with a requirement to prove fitness as a condition of reinstatement. Disciplinary Counsel took exception with respect to the recommended sanction, contending that Mr. McClure should be disbarred due to the totality of his misconduct. The Board agreed with Disciplinary Counsel…

Mr. McClure has been a member of the District of Columbia Bar since May 26, 1978. Prior to taking on the medical malpractice case involving Ms. Marbury, her minor daughter, and her granddaughter, Mr. McClure apparently had a successful career, mainly handling medical malpractice cases, but no case involving obstetrics or a minor child who gave birth. His disciplinary history consisted of an informal admonition in 2001 for a violation of Rule 8.4 (d). He does not challenge the substance of the Board’s Report and Recommendations, and he lodged no brief in this matter. However, he filed a pleading on July 12, 2016, summarizing his background, and resigning from the District of Columbia Bar, essentially because of his health (repeated hospitalizations related to heart disease and diabetes), age (76), and the death of Mr. Bettis after an extended hospitalization.

Bernard Bettis was disbarred on consent in 1984 and reinstated in 1994. He had been charged along with Mr. McClure. (Mike Frisch)