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In re Roxborough6/7/2001
ioner show fitness for reinstatement, citing D.C. Bar R. XI, § 16, and complete a course on the Rules of Professional Conduct. 692 A.2d 1379. Petitioner did not raise Kersey mitigation issues. The Court did not order restitution to any of the clients involved. Roxborough III (Bar Docket No. 383-96)
27. On September 11, 1996, the Court of Appeals of Maryland suspended Petitioner for 60 days. BX 11. That Court acted on a joint petition filed by the Maryland Attorney Grievance Commission and Petitioner. BX 11, 13, 14 at 1. The petition, in turn, was based on the District of Columbia Court of Appeals' decision in Roxborough I to suspend Petitioner for 30 days with fitness, and on two other complaints pending before the Attorney Grievance Commission. BX 13, 14 at 1.
28. On November 12, 1996, the Court of Appeals of Maryland approved a joint consent that Petitioner be placed on inactive status. BX 12. The Court of Appeals of Maryland ordered Petitioner to remain inactive until he could show by proper evidence that his health had been restored, and that he was capable of engaging in the competent practice of law. Id.
29. The District of Columbia Court of Appeals concluded that the action of the Court of Appeals of Maryland was not based on the District of Columbia discipline alone, but was based in part on independent violations in Maryland. The Court ordered a reciprocal suspension, nunc pro tunc to November 4, 1997, the date of Petitioner's filing of his § 14(g) affidavit in Roxborough II, with reinstatement to be governed by "the terms of D.C. Bar R. §§ 13(g) and 16(d) and the prior suspension orders" of the Court, with eligibility for reinstatement at the end of the terms of suspension Petitioner already was serving. In re Roxborough, 707 A.2d 57, 59 (D.C. 1998)("Roxborough III"). Issues of disability thus were introduced for the first time as an important consideration for Petitioner's reinstatement. The Court did not order restitution in Roxborough III. Unadjudicated Acts of Misconduct Occurring Prior To
The Court's Order of Suspension in Roxborough I
a. Roxborough/Bar Counsel, Bar Docket No. 421-94
30. On May 27, 1993, Petitioner's partner was retained to represent a client in a probate matter. BX 17 at 1, 18 at 1. The partner was not licensed to practice law in the District of Columbia at the time. Id. Although Petitioner's name was carried on the matter, Petitioner testified that he never met the client. Tr. II 83. Neither Petitioner nor his partner informed the client that the partner was not licensed to practice in the District of Columbia. BX 17 at 1, 18 at 2.
31. In August 1993, Petitioner's partner assigned the client's matter to a paralegal employed by Petitioner's law firm. Id.
32. In September 1993, the paralegal informed the client that she had prepared documents for filing in the Probate Division of the District of Columbia Superior Court that required the client's signature, but she failed to inform the client that the law firm expected the client to obtain signatures from certain relatives. Id. When the client contacted the law firm a few weeks later in order to inquire about the status of the case, the paralegal informed her that the law firm was waiting for her to secure the signatures from her relatives. Id. The client declined to obtain the signatures on the ground that it was the law firm's responsibility to do so. BX 17 at 1-2, 18 at 2. The signatures were needed in order to file the probate petition, but neither the client nor any of the law firm's attorneys secured the required signatures. BX 17 at 2,18 at 3. On November 24, 1993, the client terminated the law firm's services. Id.
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