Ripe For Resolution

Yesterday we posted a decision of the Louisiana Supreme Court according mitigation to a six-year delay in bringing disciplinary charges after receiving the client’s complaint.

We mentioned that such delays are both common and ignored by the District of Columbia Court of Appeals.

Today – as if on cue- that court imposed a 90-day suspension based on a single client complaint

After her suit was dismissed, Ms. Roberts submitted a complaint to the Office of Disciplinary Counsel. Mr. Chapman and Disciplinary Counsel then exchanged several letters regarding the alleged misconduct over the next few years. In February 2020, after completing its preliminary investigation, Disciplinary Counsel served Mr. Chapman with a specification of charges.

That “preliminary investigation” took six years.

Notably, the 2 1/2 years from the filing of charges to completion is actually pretty speedy for D.C. 

Here, the court concluded that Respondent’s failure to timely object to the Hearing Committee report waived any appellate issues.

Editor’s note: The seminal case where D.C. rejected delay as a consideration absent demonstrable prejudice was one I handled at then Bar Counsel.

There is a long back story to Williams but my vows of confidentiality prevent me from recounting it. Mike Frisch)