X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The D.C. Office of Bar Counsel, which prosecutes lawyer misconduct, remains in limbo after a D.C. Court of Appeals ruling in November made it tougher to bring discipline cases based on investigations by disciplinary boards in other states. The ruling has already resulted in 18 reciprocal-discipline cases being dismissed, and last week the D.C. Bar Board of Governors approved a rules change that it hopes will correct the problem. In 2006, Bar Counsel Wallace “Gene” Shipp Jr. and his staff dealt with 61 cases that originated outside of the District, more than any other bar counsel in the country. If the appeals court rejects the rules change, the Bar Counsel’s Office will have to conduct its own investigation in misconduct cases where the out-of-state disciplinary body does not meet the bar’s standards, diverting time and energy from prosecuting offenses that take place in the District. “The implication for the Office of Bar Counsel would be a drain of resources from our original investigations to handling reciprocal matters in a more lengthy and labor-intensive process,” says Shipp. Until the November decision, the D.C. bar counsel typically relied on facts and results meted out by other jurisdictions to bring reciprocal-discipline cases. It then applied D.C. rules and, in most cases, either issued a public reprimand or made a punishment recommendation to the D.C. Board on Professional Responsibility. The appellate decision stems from a divide within the Board on Professional Responsibility, the nine-person panel that examines bar counsel requests and makes its own penalty recommendations to the appeals court. The board split in two 2004 cases — one originating in Maryland, the other in Massachusetts — on whether counsel may use penalties recommended by some disciplinary bodies in other states. The bar’s solution is to broaden its rules to encompass all out-of-state disciplinary commissions. That plan is expected to head to court for review by the end of the week.
Attila Berry can be contacted at [email protected].

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.