Thursday, June 27, 2013

Attitude Fluctuated, But Disbarment Not Required

The District of Columbia Court of Appeals imposed a suspension of three years with reinstatement conditioned on proof of fitness in a case involving misconduct in the representation of a husband and wife in immigration matters.

The court followed the recommendation of the Board on Professional Responsibility, concluding that the suspension was within the range of sanctions for comparable cases and rejecting Bar Counsel's call for disbarment.

The court found that the dishonest conduct was not of a sufficiently "flagrant" kind to warrant the greater sanction.

Rather, the attorney

...took full responsibility for his failures in a signed affidavit and took part in the [clients'] subsequent attempts, through successor counsel, to obtain their visas. While his attitude has fluctuated, [he] was, at least initially, remorseful for his failures and refunded his $5,000 legal fee to the [clients].

Disclosure: I prosecuted an earlier bar disciplinary case against the attorney. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/06/attitude-fluctuated-but-disbarment-not-required.html

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