Matter of Dory

552 A.2d 518, 1989 WL 353
District of Columbia Court of Appeals·Decided January 4, 1989·No. 88-740·Published·Cited by 19 cases

Opinions

PER CURIAM:

This matter is before the court on the Report and Recommendation of the Board on Professional Responsibility (the Board). After considering a Report of a Hearing Committee, the Board found that Dory had neglected a legal matter in violation of DR 6-101(A)(3) and recommend suspension for thirty days.

The facts concerning Dory’s misconduct are summarized in the Board’s Report and Recommendation, a copy of which is attached. Briefly, Dory was retained by Mrs. Julia Johnson to probate her mother’s estate. Mrs. Johnson advanced Dory approximately $420 towards his legal fee and costs. After filing a Petition for Probate and related pleadings and causing notice of the petition to be published, Dory did virtually nothing for three years. Although Mrs. Johnson made numerous telephone calls, Dory did not return them. Eventually, Mrs. Johnson obtained other counsel, and the present proceedings were initiated.

In In re Dory, 528 A.2d 1247 (D.C.1987) (Dory I), this court suspended Dory for thirty days for neglecting a matter entrusted to him by another client. That violation occurred a few weeks earlier than the instant one, and the Board found that it arose out of the same stresses which caused the present misconduct. The Board also found Dory to be appropriately remorseful.

Our Disciplinary Rule XI § 7(3), provides in pertinent part that:

[Tjhe Court shall accept the findings of fact made by the Board unless they are unsupported by substantial evidence of record, and shall adopt the recommended disposition of the Board unless to do so would foster a tendency toward inconsistent dispositions for comparable conduct or otherwise would be unwarranted.

Neither Dory nor Bar Counsel has opposed the Board’s Recommendation and Report. Accordingly, for the reasons set forth in the Board’s Report and Recommendation, respondent Bernard C. Dory is hereby suspended from the practice of law for thirty days, effective thirty days from the date of this opinion.

So ordered.

REPORT AND RECOMMENDATION OF BOARD

This matter is before the Board on Professional Responsibility on the Hearing Committee’s report finding that Respondent, in violation of DR 6-101(A)(3), neglected a legal matter entrusted to Mm. The Committee recommended suspension for 30 days as the appropriate sanction.

[520] Based on a review of the record as a whole, the Board concludes that the Hearing Committee’s factual findings are supported by substantial evidence more than sufficient to satisfy the clear and convincing standard, and the Board therefore adopts those findings. See Board Rule 13.-6. The Board also agrees with the Hearing Committee’s conclusion that Respondent neglected a legal matter in violation of DR 6-101(A)(3) and that suspension for 30 days would be an appropriate sanction for the misconduct herein.

I. RESPONDENT’S MISCONDUCT

The facts concerning Respondent’s misconduct were, in large part, stipulated by the parties and are otherwise undisputed. Respondent was retained in February 1984 by Mrs. Julia R. Johnson to probate her mother’s estate. A few months later, in June 1984, a Petition for Probate and related pleadings were filed with the Register of Wills, and an appropriate notice of the petition was published. However, except for a letter earlier in June 1984 relating to a potential claim against the estate, Respondent essentially did nothing other than to file the Petition for Probate. After a lengthy period of inaction, during which Mrs. Johnson was unsuccessful in several attempts to communicate with Respondent concerning the estate matter, Mrs. Johnson obtained a new attorney to handle the matter.

The Hearing Committee found, and Bar Counsel does not dispute, that Respondent’s neglect did not cause any actual prejudice to his client (other than delay) and that there is no evidence of dishonesty or misrepresentation on the part of Respondent. Although Bar Counsel alleged that Respondent’s misconduct in handling this estate matter extended beyond neglect and involved additional violations of the disciplinary rules, the Hearing Committee rejected all of these alleged additional violations for lack of clear and convincing evidence. Moreover, in this proceeding before the Board, Bar Counsel does not challenge the Hearing Committee’s rejection of such alleged violations.*

II. RECOMMENDED SANCTION

The facts in this case present a unique situation that requires the melding together of two well-established principles on sanctions. The first principle is that in considering an appropriate sanction:

Most important is the fact that [the accused attorneys] ... have had unblemished records.... This factor weighs heavily in favor of imposing upon them the lightest sanction that will serve the purpose of Bar discipline.

In re Reback, 513 A.2d 226, 233 (D.C.1986) (en banc). The second principle, also well-established, is that where respondent’s misconduct in a “second case arose during the same period of time as the first” case, and where the two cases come before the Board “at different steps of the disciplinary process”, the

appropriate question which the Board must ask and answer ... is simply this: if all of the matters were before the Board simultaneously, what would we recommend as the appropriate discipline?

Matter of Thompson, 492 A.2d 866, 867 (D.C.1985).

Prior to 1984 Respondent had an unblemished record. The period of Respondent’s misconduct began early in 1984 and resulted in two separate disciplinary cases. This is the second case. The first case was processed through the disciplinary system on an earlier schedule and culminated in an order of the Court suspending Respondent for 30 days. Matter of Dory, 528 A.2d 1247 (D.C.1987).

In the prior case, Respondent’s misconduct occurred shortly after he agreed in January 1984 to file a motion for a new trial on behalf of a client dissatisfied with a prior jury verdict. As already noted, Re[521] spondent’s misconduct in this case occurred after he agreed in February 1984 to represent a client in a probate matter. In this second case, the Hearing Committee expressly found that Respondent’s

... violation is a product of the same stresses which resulted in the first disciplinary violation. The underlying events and to some extent the disciplinary proceedings ran concurrently....

Hearing Committee Report at 18. Thus, it is undisputed that Respondent’s misconduct in both cases occurred during substantially the same time frame.

Free access — add to your briefcase to read the full text and ask questions with AI

Matter of Dory, 552 A.2d 518, 1989 WL 353 (D.C. 1989).

552 A.2d 518 (Matter of Dory) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In re Green
143 A.3d 778 (District of Columbia Court of Appeals, 2016)
Michael D. Tann v. United States
127 A.3d 400 (District of Columbia Court of Appeals, 2015)
In Re Schoeneman
891 A.2d 279 (District of Columbia Court of Appeals, 2006)
In Re Bingham
881 A.2d 619 (District of Columbia Court of Appeals, 2005)
Eastridge v. United States
372 F. Supp. 2d 26 (District of Columbia, 2005)
In re George
726 A.2d 1237 (District of Columbia Court of Appeals, 1999)
In Re Karr
722 A.2d 16 (District of Columbia Court of Appeals, 1998)
In Re Drew
693 A.2d 1127 (District of Columbia Court of Appeals, 1997)
In Re Lewis
689 A.2d 561 (District of Columbia Court of Appeals, 1997)
In Re Dunietz
687 A.2d 206 (District of Columbia Court of Appeals, 1996)
In Re Lyles
680 A.2d 408 (District of Columbia Court of Appeals, 1996)
In Re Sumner
665 A.2d 986 (District of Columbia Court of Appeals, 1995)
Matter of Hill
619 A.2d 936 (District of Columbia Court of Appeals, 1993)
In Re Delate
598 A.2d 154 (District of Columbia Court of Appeals, 1991)
In Re Foster
581 A.2d 389 (District of Columbia Court of Appeals, 1990)
Scott v. United States
559 A.2d 745 (District of Columbia Court of Appeals, 1989)
Matter of Dory
552 A.2d 518 (District of Columbia Court of Appeals, 1989)