A Good Day In D.C.
It is always a good day when the District of Columbia Court of Appeals approves a consent disposition in a bar discipline matter.
When they accept two in a day, yippie!
One involved a public censure and probation for a trust account lapse
We are satisfied that the dishonored check in question would not support a charge of misappropriation (negligent or otherwise) because it involved an attempted transfer between respondent’s IOLTA and her operating account, such that she would have continued to hold the requisite amount of entrusted funds between those two accounts even had the check cleared. See In re Ekekwe-Kauffman, 210 A.3d 775, 794 (D.C. 2019) (per curiam) (“[E]ven depositing unearned funds into an operating account, though it violates Rule 1.15’s prohibition against commingling, does not
alone constitute misappropriation. . . . For misappropriation to occur, the balance in that account must fall below the amount the lawyer was required to hold in trust for the client at that particular time.”) (emphasis added); In re Pels, 653 A.2d 388, 394-95 (D.C. 1995) (confirming that misappropriation occurs when a check disbursing entrusted funds is dishonored if there is no evidence that the attorney held sufficient funds in another account).
The other involved a one-year suspension with six months stayed
Respondent Richard J. Tappan voluntarily acknowledged that, in connection with his appointment as guardian and conservator in a probate case, he failed to provide competent representation and to serve the client with commensurate skill and care; failed to represent the client zealously and diligently and to act with reasonable promptness; charged unreasonable fees in his fee petitions to the probate court; failed to maintain complete records of entrusted funds; and engaged in conduct involving at least reckless dishonesty and that seriously interfered with the administration of justice. As a result, respondent admits that he violated D.C. R. Prof. Conduct 1.1(a)-(b), 1.3(a) & (c), 1.5(a), 1.15(a), and 8.4(c)-(d).
A win for much-desired efficiency.
Before you get too excited, note that the first matter was docketed for investigation in 2018 and the second one in 2019. (Mike Frisch)