Tuesday, September 2, 2008
Last October, I posted (and criticized) a decision of the D.C. Court of Appeals that had remanded to the Board on Professional Responsibility a disbarment recommendation based on the disbarment of the lawyer in Maryland. I felt that the court was wrong to conclude that disbarment was not justified based on the findings of serious dishonesty by the Maryland Court of Appeals. Further, it was my view that the court had put the D.C. disciplinary system in the impossible position of attempting to make mitigation findings in a matter in which no proceedings had been conducted in the District of Columbia.
Apparently, the lawyer has come around to my view--he has consented to disbarment and the Board has approved the consent. (Mike Frisch)