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On Report and Recommendation of the Board on Professional Responsibility

BDN 422-97

The Board on Professional Responsibility (“the Board”), on review of a Hearing Committee’s report, has concluded that respondent Anthony Graham, Sr., violated Rules 1.15 (a) and 1.17 (a) of the District of Columbia Rules of Professional Conduct in each of three separate cases by depositing client funds into his operating account rather than a trust account. Additionally, the Board found that respondent violated Rule 1.15 (b) in one of those cases by failing to promptly disburse from settlement proceeds a payment due a third party. The commingling occurred during the period of March 1997 through October 1997, and was knowing and intentional. Importantly, no client funds were misappropriated, and the commingling did not harm any client. Respondent’s failure to promptly pay the third party was found by the Hearing Committee and the Board to be inadvertent.

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