Monday, December 1, 2008

Duty To Disclose

A hearing committee of the District of Columbia Board on Professional Responsibility found that a member of the North Carolina Bar had engaged in misconduct by failing to disclose a pending complaint in applying for D.C. admission: an experienced practicing attorney who applied for admission to the District of Columbia Bar on the strength of her North Carolina Bar membership, but failed to provide honestly and completely the information that the District of Columbia Committee on Admissions had requested. Respondent knew that there was at least one grievance pending against her in North Carolina, and that three additional fee disputes were "ripening into" grievances due to Respondent’s failure to cooperate with the fee dispute program in North Carolina.1 Respondent did not disclose these North Carolina disciplinary proceedings to the Committee on Admissions, and falsely stated in a notarized Supplemental Questionnaire on the eve of her swearing-in that there were no pending "charges or complaints" against her.

The committee recommends a nine-month suspension with a requirement that the attorney petition for reinstatement. (Mike Frisch)

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"Ripening into" ???

When is does a grievance become a grievance?

This shares many similarites to those cases where an attorney has resigned from the bar in anticipation of some event only to have the event take place and the court to then force the attorney back into the bar so that he can be disbarred.


Posted by: FixedWing | Dec 1, 2008 9:53:30 AM

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