Negotiated Sanction Approved In D.C.

A two-year consent suspension was approved by the District of Columbia Court of Appeals.

Respondent acknowledged that she (1) negligently misappropriated funds belonging to her firm’s clients; (2) failed to hold client funds and third-party funds separate from the firm’s funds; (3) failed to maintain adequate records of client funds; (4) failed to make reasonable efforts to ensure her firm had in effect measures giving reasonable assurance that all lawyers in the firm conformed to the District of Columbia Rules of Professional Conduct (“the Rules”); (5) was responsible for another lawyer’s violation of the Rules; (6) failed to make reasonable efforts to ensure her firm had in effect measures giving reasonable assurance that the conduct of all nonlawyers in the firm was compatible with the professional obligations of a lawyer; and (7) supervised a nonlawyer but failed to make reasonable efforts to ensure that the person’s conduct was compatible with the professional obligations of a lawyer, thereby violating Rules 1.15 (a), 5.1 (a) & (c), and 5.3 (a) & (b) of the Rules, and D.C. Bar Rule XI, § 19 (f).

 The court (Associate Judges Beckwith and McLeese and Senior Judge Farrell)

We accept the Committee’s recommendation because the Committee properly applied D.C. Bar R. XI, § 12.1 (c), and we find no error in the Committee’s determination. Based upon the record before the court, the negotiated discipline of a two-year suspension from the practice of law, with reinstatement conditioned upon demonstrating fitness to practice law, is appropriate considering the existence of both aggravating and mitigating factors and the discipline imposed by this court in other cases of misappropriation.

The attorney also must prove present fitness to secure reinstatement.

Any day that the court approves a negotiated discipline is a good day.

But note that this case which was handled pursuant to expedited procedures still took four years to get resolved. (Mike Frisch)