In re Mack

• Citation: 294 A.3d 1093 (Mem)
• Docket Number: 23-BG-0303
• Decision Date: 25 May 2023
• Parties: IN RE Catherine R. MACK, Respondent. A Member of the Bar of the District of Columbia Court of Appeals (Bar Registration No. 204149)
• Court: D.C. Court of Appeals

294 A.3d 1093 (Mem)

IN RE Catherine R. MACK, Respondent.

A Member of the Bar of the District of Columbia Court of Appeals (Bar Registration No. 204149)

No. 23-BG-0303

District of Columbia Court of Appeals.

Decided: May 25, 2023

Per Curiam:

This decision is non-precedential. 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 Catherine R. Mack voluntarily acknowledged that she commingled entrusted funds with her own property and failed to maintain complete financial records of entrusted funds. As a result, respondent admits that she violated D.C. R. Prof. Conduct 1.15(a). The proposed discipline consists of a public censure, one year of probation with conditions, and the possibility that Disciplinary Counsel may investigate her for "conduct that seriously interferes with the administration of justice," id. R. 8.4(d), if she fails to comply with those 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)); see, e.g. , In re Iwuji , 223 A.3d 108 (D.C. 2020) (per curiam) (imposing a similar sanction for similar violations). We are satisfied that the dishonored check in question would not support a charge of misappropriation (negligent or otherwise) because it involved an attempted transfer between respondent's IOLTA and her operating account, such that she would have continued to hold the requisite amount of entrusted funds between those two accounts even had the check cleared. See In re Ekekwe-Kauffman , 210 A.3d 775, 794 (D.C. 2019) (per curiam) ("[E]ven depositing unearned funds into an operating account, though it violates Rule 1.15's prohibition against commingling, does not alone constitute misappropriation. ... For misappropriation to occur, the balance in that account must fall below the amount the lawyer was required to hold in trust for the client at that particular time.") (emphasis added); In re Pels , 653 A.2d 388, 394-95 (D.C. 1995) (confirming that misappropriation occurs when a check disbursing entrusted funds is dishonored if there is no evidence that the attorney held sufficient funds in another account). Accordingly, it is ORDERED that respondent Catherine R. Mack is hereby publicly censured and placed on one year of...