D.C. Committee Blesses Negotiated Discipline

A District of Columbia Hearing Committee has approved a proposed negotiated discipline in a case involving multiple acknowledged rule violations in an attorney’s handling of a guardianship

All of this conduct required the Probate Court and its Auditor-Master and related entities and personnel to expend significant time in seeking to monitor Respondent’s conduct and to obtain compliance with filing and  accounting requirements. The District of Columbia guardianship system has significant responsibilities. When it must expend time and resources to seek and compel compliance with a guardian’s duties, due to the guardian’s failure to act with the requisite care, competence and skill, the government’s ability to administer that system is hampered.

A notable point 

Moreover, it is important to note that the misconduct in this case occurred in the context of legal services being provided to a vulnerable individual who, by definition, has special needs that require competent, diligent and zealous legal services. The agreed sanction not only imposes accountability for past violations, but also provides for an ongoing supervision of Respondent’s practice to identify and address potential problems. This, the Committee concludes, fulfills an important duty of the disciplinary system — to encourage compliance in a forward-looking way.

Proposed sanction

the Hearing Committee finds the negotiated discipline of a one-year suspension with six months stayed in favor of one year of probation with conditions is justified and recommend that it be imposed by the Court.

If adopted – as it should be – the result will be to avoid at least five years of litigation. 

I only hope the court does not solicit the views of the Board on Professional Responsibility, whose institutional disdain for both negotiated sanctions and efficiency has been amply demonstrated in the past.

Noted attorney Michael Tigar chaired the ad hoc committee. (Mike Frisch)