A report and recommendation issued today by the District of Columbia Board on Professional Responsibility is unusual for its lack of unanimity

The Board on Professional Responsibility hereby submits its unanimous findings of fact and conclusions that Respondent has violated D.C. Rules of Professional Conduct 3.1 and 8.4(d), and Maryland Rules 19-303.1, 19-303.3(a)(1), 19-308.4(c) and 19-308.4(d), as well as a majority finding that Respondent violated D.C. Rule 3.4(c), in an opinion drafted by Board Member Michael E. Tigar. Three Board members find that Disciplinary Counsel has failed to prove a violation of Rule 3.4(c), in a dissenting opinion drafted by Board Member Robert L. Walker.

There is no majority recommendation on sanction. Mr. Tigar, joined by Board Chair Bernadette C. Sargeant, Board Member Margaret M. Cassidy, and Mr. Walker, recommends a three-year suspension with a requirement that Respondent prove fitness prior to reinstatement. Board Member Thomas E. Gilbertsen, joined by Board Members Sara K. Blumenthal, Sharon R. Rice-Hicks, and William V. Hindle, recommends disbarment.

Vice Chair Sundeep Hora is recused from this matter and did not participate in the decision.