The utility of consent discipline  is on display with a decision accepting a stayed 60-day suspension by the District of Columbia Court of Appeals.

The obvious benefit is that the matter was resolved within two years of the receipt of the bar complaint.

A full blown hearing process – even if the parties had stipulated as to the misconduct and sanction – would likely have taken at least five years. 

The misconduct and sanction factors are laid out in the hearing committee report

the Petition states that Respondent violated Rules of Professional Conduct 1.1(a) and (b) (lack of competence, skill, and care). The evidence supports Respondent’s admission that he violated Rules 1.1(a) and (b) in that the stipulated facts describe that Respondent engaged in probate work for which he failed to demonstrate the “legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation,” leading to his failure to fulfill the basic obligations of a competent attorney in his position. As an example, Respondent failed to file letters of conservatorship with the Recorder of Deeds, as required by D.C. Code § 21-2067, which ultimately permitted Mr. Ross to take out a mortgage without Respondent’s knowledge or consent. The obligation to file tax returns also would have been obvious to a competent conservator…

In aggravation of sanction, the parties agree that Respondent’s misconduct harmed a vulnerable client. Petition at 10; Tr. 23-24.

 In mitigation, the parties agree that Respondent: (1) acknowledges his misconduct; (2) has cooperated with Disciplinary Counsel; (3) has expressed remorse; (4) has agreed not to pursue outstanding fees awarded by the court for his services as conservator and filed a motion to that effect  and; (5) has no prior discipline in thirty-seven years. Petition at 10; Tr. 22. Pursuant to Board Rule 17.4(a), the Hearing Committee also considers Respondent’s statement that he does not currently practice in the area of conservatorship law and that the misconduct is unlikely to recur as a result. Tr. 23.

(Mike Frisch)