In re Antoine-Belton

• Court: District of Columbia Court of Appeals
• Decided: August 10, 2023
• Docket: 23-BG-0543
• Status: Published

Opinion

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DISTRICT OF COLUMBIA COURT OF APPEALS

No. 23-BG-0543

IN RE GEMMA ANTOINE-BELTON, RESPONDENT.

A Member of the Bar of the District of Columbia (Bar Registration No. 405604)

On Report and Recommendation of the Board on Professional Responsibility Ad Hoc Hearing Committee Approving Petition for Negotiated Discipline (Disciplinary Docket No. 2017-D134) (Board Docket No. 22-ND-004)

(Decided: August 10, 2023)

Before BECKWITH and ALIKHAN, Associate Judges, and WASHINGTON, Senior Judge. PER CURIAM: This decision is nonprecedential. Please refer to D.C. Bar R. XI,

§ 12.1(d) regarding the appropriate citation of this opinion.

In this disciplinary matter, the Hearing Committee recommends approval of a

petition for negotiated attorney discipline. See D.C. Bar R. XI, § 12.1(c).

Respondent Gemma Antoine-Belton voluntarily acknowledged that, in connection

with her appointments as guardian or conservator in four probate cases, she failed to

provide competent representation, failed to serve the client with commensurate skill 2

and care, and represented the client in a matter in which her professional judgment

reasonably may have been adversely affected by her own personal interests; and

further that, in one of the four cases, she engaged in conduct that seriously interfered

with the administration of justice. As a result, respondent admits that she violated

D.C. R. Prof. Conduct 1.1(a) through (b), 1.7(b)(4), and 8.4(d). The proposed

discipline consists of a 60-day suspension, stayed as to all but 30 days, followed by

a one-year term of probation with conditions.

Having reviewed the Committee’s recommendation in accordance with our

procedures in uncontested disciplinary cases, see D.C. Bar R. XI, § 12.1(d), we agree

that this case is appropriate for negotiated discipline and that “the agreed-upon

sanction is ‘justified,’” In re Mensah, 262 A.3d 1100, 1104 (D.C. 2021) (per curiam)

(quoting D.C. Bar R. XI, § 12.1(c)(3)), given the sanctions we have previously

imposed for similar violations, see, e.g., In re Zipin, No. 20-BG-182, 2020 WL

1950497, at *1 (D.C. Apr. 23, 2020) (per curiam); In re Robbins, 192 A.3d 558, 560,

567 (D.C. 2018) (per curiam); In re Boykins, 748 A.2d 413, 413 & n.1, 414

(D.C. 2000) (per curiam); see also Mensah, 262 A.3d at 1104 (“[T]he sanctions

imposed in negotiated-discipline cases may in some cases be less stringent than

would otherwise have been appropriate in a contested-discipline case.”).

Accordingly, it is 3

ORDERED that respondent Gemma Antoine-Belton is hereby suspended

from the practice of law in the District of Columbia for 60 days, stayed as to all but

30 days, followed by a one-year term of probation with the following conditions:

(i) Respondent must take the Basic Training and Beyond two-day course

offered by the District of Columbia Bar and must take an additional eight

hours of pre-approved continuing legal education, at least five hours of which

must be related to probate law or elder law, and at least three hours of which

must be related to attorney ethics including dealing with conflicts of interest.

Within 10 days of this opinion, respondent must read the cases on conflicts of

interest and the national guardianship standard on conflicts of interest as set

forth in the list provided by the Office of Disciplinary Counsel. Respondent

must certify and provide documenting proof that she has met these

requirements to the Office of Disciplinary Counsel within six months of the

date of this opinion.

(ii) Respondent must meet with Dan Mills, Esquire, the Manager of the

Practice Management Advisory Service of the District of Columbia Bar (or

his successor or designee), in person or virtually within two months of the

date of this opinion. At that time, respondent must execute a waiver allowing

Mr. Mills or his designee (an assigned practice monitor) to communicate

directly with the Office of Disciplinary Counsel regarding her compliance. 4

When respondent meets with Mr. Mills or his designee virtually or in person,

she will make any and all records relating to her practice available for his

review. Respondent shall ask Mr. Mills or his designee to conduct a full

assessment of her business structure and her practice, including but not limited

to all law firm processes and procedures, financial records, client files,

engagement letters, supervision and training of staff, and responsiveness to

clients. Respondent shall also ask Mr. Mills or his designee to advise her

about how to maintain complete records relating to the maintenance of client

funds and monitor her compliance with all of Mr. Mills’s or his designee’s

recommendations. Respondent shall adopt all recommendations and

implement them in the law firm when she resumes practice following her

suspension. At the end of her suspension, respondent shall begin her one-year

probation. During her probation, respondent shall consult regularly with

Mr. Mills or his designee on the schedule he or his designee establishes.

Respondent must be in full compliance with Mr. Mills’s or his designee’s

requirements for a period of 12 consecutive months, and it is respondent’s

sole responsibility to demonstrate compliance. Respondent must sign an

acknowledgement under penalty of perjury affirming that she is in compliance

with Mr. Mills’s or his designee’s requirements and file the signed

acknowledgement with the Office of Disciplinary Counsel. This must be 5

accomplished no later than seven business days after the end of respondent’s

period of probation.

If respondent fails to comply with the above conditions, she will serve the

remaining 30 days of the 60-day suspension. Additionally, we direct respondent’s

attention to D.C. Bar R. XI, § 14(g)—which requires the filing of an affidavit with

this court for purposes of reinstatement in accordance with D.C. Bar R. XI, § 16—

and Board Prof. Resp. R. 9.

So ordered.