Public-domain · open source
OpenJurist

749 A.2d 142

In Re Shay

District of Columbia Court of Appeals · decided 2000-04-27

Cited by 3 later decisions — most recently March 2007

3 state decisions

Relies on In Re Delaney

Good law ✅— No negative treatment on recordhow we know

Decided 2000-04-27

View the full empirical analysis of this case →

PER CURIAM:

¶1 The Board on Professional Responsibility has determined that respondent violated numerous Disciplinary Rules (for pre-1991 conduct) and Rules of Professional Conduct (for conduct occurring in 1991 and later). The crux of the misconduct is a conflict of interest which affected respondent’s representation of two individuals in connection with estate planning. The Board recommends that respondent be suspended for ninety days.

¶2 Bar Counsel does not except to the Board’s report and recommendation, and respondent has withdrawn exceptions previously taken.

¶3 This court will accept the Board’s findings as long as they are supported by substantial evidence in the record. D.C. Bar R. XI, § 9(g)(1). Moreover, we will impose the sanction recommended by the Board “unless to do so would foster a tendency toward inconsistent dispositions for comparable conduct or would otherwise be unwarranted.” Id. Respondent’s withdrawal of her exceptions to the Board’s report and recommendation increases this court’s already substantial deference to the Board. D.C. Bar R. XI, § 9(g)(2); In re Delaney, 697 A.2d 1212, 1214 (D.C.1997).

¶4 We find substantial support in the record for the Board’s findings and, accordingly, accept them. Given our heightened deference to the Board’s unopposed recommendation, we also accept the sanction recommended by the Board. Accordingly, it is

¶5 ORDERED that Martha Jane Shay is suspended from the practice of the law in the District of Columbia for ninety (90) days. Respondent’s attention is directed to the requirements of D.C. Bar R. XI, § 14 relating to suspended attorneys.

¶6 So ordered.

/749/a2d/142 · .json · Public domain