Continuing Legal Education

One positive aspect to our current crisis is that the move to online hearings and appeals in bar and judicial discipline matters has greatly increased public access to these proceedings.

An argument held yesterday before a division of the District of Columbia Court of Appeals (my preview here) was broadcast in real time and can now be watched at this link by clicking on the September 23 date.

The bar case is the second of three arguments. 

The case involves the conceded misappropriation of an unearned flat fee that took place years after the court had placed the Bar on notice in a  2009 decision of the safekeeping duties with respect to such fees.

Indeed, the governing rule had been changed in 2000.

The ultimate issue is rather straightforward.

If the taking was reckless, disbarment; if negligent; a much lighter sanction.

The Hearing Committee found that the misconduct was reckless but the Board on Professional Responsibility disagreed and recommended a seven-month suspension and probation.

The board found negligence in the attorney’s professed ignorance of the law.

My read of the argument is that the court expects more of attorneys in terms of knowing its ethical rules and decisions than the BPR. 

My (notoriously unreliable) prediction is that both the attorney and the BPR may find this to be an educational experience. (Mike Frisch)