Win Win

One of the most significant disciplinary cases in the past 20 years (i.e. since I left the Office of Disciplinary [then Bar] Counsel) will be heard this Wednesday at 2pm in the District of Columbia Court of Appeals

Wednesday, October 6, 2021 2:00 PM

SPECIAL SITTING
No. 20-BG-0560 IN RE: PAUL T. MENSAH

It takes no genius to see the wisdom of the result.

The issue is quite straightforward. 

Respondent stipulated to conduct warranting disbarment.

Disciplinary Counsel and Respondent have consented to a three-year suspension with fitness.

The court must decide whether such a “plea bargain” serves the interests of the discipline system and should be adopted.

On the one hand, Respondent avoids the stigma of disbarment.

On the other, a process that would take years and consume extensive resources with an uncertain conclusion is averted with a sanction that, while not disbarment, is its close warm cousin.

Disbarment is a five-year suspension with fitness.

The process of reinstatement, if Disciplinary Counsel objects, takes years.

Disciplinary Counsel Phil Fox will present argument with Justin Flint for the Respondent.

The panel consists of Associate Judges McLeese and Deahl; and Senior Judge Steadman.

The Board on Professional Responsibility recommendation is linked here here.

Fingers crossed for this consent being blessed by the Court of Appeals. (Mike Frisch)