The District of Columbia Court of Appeals has resolved a matter with as tortured a history as any in the long and tortured history of the bar disciplinary system.

As explained below, one Division member agrees with the Board majority that misappropriation was not proven in this case. A majority of the Division concludes that facts satisfying the elements of misappropriation were proven by clear and convincing evidence, but that the Division’s interpretation as to whether there was “entrustment” of the estate-account funds and use of the funds “without authorization” should apply only prospectively. Accordingly, the Division
declines to impose a sanction on respondent for misappropriation. The Division isalso unanimous in accepting the recommended sanction of an informal admonition for respondent’s record-keeping violation.