Thursday, July 17, 2008

Disbarment And Restitution

The District of Columbia Court of Appeals disbarred and ordered restitution in a matter where the attorney had a client representative sign over a check in excess of $241,000 to him. The court accepted a Board on Professional Responsibility (the board recommendation is appended) finding that the lawyer was aware that he was not entitled to a significant amount of the funds at issue. The board and court rejected the attorney's asserted good faith "claim of right" to the funds. The court  also rejected the assertion that an unproven charge of forgery had somehow tainted the proceedings below, but cautioned Bar Counsel to carefully investigate a serious claim of that nature in the future. Restitution is a condition of reinstatement. (Mike Frisch)

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