2020 Starts With Hopeful Sign In D.C.

The District of Columbia Court of Appeals gets the New Year off with a good start by adopting a recommendation for negotiated discipline

In this disciplinary matter, the Ad Hoc Hearing Committee (the Committee) recommends approval of a petition for negotiated attorney discipline. See D.C. Bar R. XI, § 12.1(c). The petition is based on Respondent’s voluntary acknowledgement that she engaged in commingling of funds and failed to maintain complete records of entrusted funds, in violation of D.C. Rules of Professional Conduct 1.15(a). Disciplinary Counsel stipulated that it could not prove Respondent engaged in misappropriation of entrusted funds or that any client or third party was prejudiced or harmed by Respondent’s handling of entrusted funds and failure to maintain complete records of those funds. The proposed discipline is a public censure with conditions.

Having reviewed the Committee’s recommendation in accordance with our procedures in uncontested disciplinary cases, see D.C. Bar R. XI, § 12.1(d), we agree that this case is appropriate for negotiated discipline and that the proposed disposition is not unduly lenient or inconsistent with dispositions imposed for comparable professional misconduct.

The conditions

(1) Respondent shall take three hours of pre-approved continuing legal education related to the maintenance of trust accounts, record keeping, and/or safekeeping client property, and shall certify and provide proof that she met this requirement to the Office of Disciplinary Counsel within six months from the date of this opinion; (2) Respondent shall execute a waiver allowing Dan Mills, Manager of the Practice Management Advisory Service of the District of Columbia Bar and/or the assigned practice monitor to communicate directly with Disciplinary Counsel regarding her compliance; and (3) Respondent shall remain in full compliance with the practice monitor’s requirements for a period of twelve consecutive months, sign an acknowledgment that she is in compliance with these requirements, and file the acknowledgment with Disciplinary Counsel no later than two years after the date of this opinion.

Note that this case was opened for investigation in early 2018. Disciplinary Docket No. 2018-D007 means it was the seventh case opened for investigation that year. 

A two-year trip from soup to nuts in a disciplinary matter involving trust accounts is lightning speed. It was possible because of the agreed disposition.

Still way too slow. (Mike Frisch)