Disability Claim Draws Proposed Suspension

An attorney has been found in violation of practice conditions set when she raised incapacity in mitigation of possible sanctions and should be suspended based on disability according to a report of the District of Columbia Board on Professional Responsibility

the Board recommends that the Court conclude that Respondent is incapacitated from continuing to practice law and immediately suspend her.

Procedural posture

Respondent has been charged in a separate proceeding, Board Docket No. 22-BD-076, with intentional/reckless misappropriation, commingling, failing to maintain complete records, and serious interference with the administration of justice. In response, she asserted in her answer that she suffered from a disability at the time of the alleged misconduct.

The Board imposed conditionsto protect the public while her disciplinary case is pending, including, inter alia, that she continue to receive treatment for her mental health issues, submit monthly medical reports from her treating practitioners, permit the Office of Disciplinary Counsel to communicate with her treating practitioners about her continued mental status as it relates to her fitness to practice law, submit to random trust account/IOLTA audits, schedule a complete audit of her law practice by Daniel Mills, Esquire, of the D.C. Bar’s Practice Management Advisory Service (“PMAS”), and notify the Board and Disciplinary Counsel if she decides to resume handling probate/estate matters. Respondent has failed to comply with several of these conditions of practice.

Disciplinary Counsel alleged non-compliance

On November 7, 2023, the hearing was held before the Ad Hoc Hearing Committee to determine if Respondent was complying with the conditions of practice. The Office of Disciplinary Counsel was represented by Assistant Disciplinary Counsel Tait, but Respondent did not appear, either in person or remotely. Respondent also did not file a written response to Disciplinary Counsel’s motion related to the immediate suspension despite being advised of her opportunity to do so at the prehearing conference on September 28.

Standard of proof of violation

A hearing on the violation of practice conditions, resulting from a respondent’s self-identified physical and mental disabilities, is similar in nature to probation revocation proceedings, which require that Disciplinary Counsel have the burden of proving the probation violation by a preponderance of evidence.

(Mike Frisch)