In re Steinberg, 03-BG-801.
Decision Date | 30 December 2004 |
Docket Number | No. 03-BG-801.,03-BG-801. |
Citation | 864 A.2d 120 |
Parties | In re Andrew M. STEINBERG, Respondent. A Member of the Bar of the District of Columbia Court of Appeals. |
Court | D.C. Court of Appeals |
Traci M. Tait, Assistant Bar Counsel, with whom Joyce E. Peters, Bar Counsel, was on the brief, for the Office of Bar Counsel.
Elizabeth J. Branda, Executive Attorney, with whom Lisa A. Everhart, Assistant Executive Attorney, was on the brief, for the Board on Professional Responsibility.
Before SCHWELB and FARRELL, Associate Judges, and NEWMAN, Senior Judge.
On September 18, 2002, Bar Counsel charged Andrew M. Steinberg, a member of our Bar, with violating the following Rules of Professional Conduct:
On February 25, 2003, following an evidentiary hearing, an Ad Hoc Hearing Committee found by clear and convincing evidence that Steinberg had violated each of these rules. The Hearing Committee recommended that Steinberg be suspended from practice for thirty days and that he be required to demonstrate fitness to practice as a condition of reinstatement. A copy of the Hearing Committee's Report and Recommendation is attached hereto and made a part of this opinion.
Steinberg excepted to the Hearing Committee's recommendation, contending that he had ultimately cooperated with Bar Counsel and had acted in good faith. Steinberg further asserted that the discipline imposed by the court for his prior violations, see In re Steinberg, 720 A.2d 900 (D.C.1998) (per curiam) (Steinberg I), and In re Steinberg, 761 A.2d 279 (D.C.2000) (per curiam) (Steinberg II), had been too severe, and that the sanction recommended by the Committee in this case was likewise excessive.
On July 30, 2003, the Board on Professional Responsibility issued its Report and Recommendation. The Board adopted most of the Hearing Committee's proposed findings, but disagreed with the Committee with respect to the appropriate sanction. Specifically, the Board proposed that Steinberg be suspended from practice for sixty days, but declined to recommend that he be required to demonstrate fitness as a condition of reinstatement.
We agree entirely with the Hearing Committee's discussion of the appropriate sanction. As the Committee aptly noted in this case, "[i]n light of Respondent's repeated failures, the consequences should now be more severe." Given Steinberg's disciplinary history, and, in particular, his disregard of the quoted warning in Steinberg II and his repetition of his misconduct in that case, we do not believe that a sixty-day suspension, without a requirement of proof of fitness, can reasonably be reconciled with that clear warning.
Accordingly, Steinberg is hereby suspended from the practice of law for thirty days, and reinstatement shall be conditioned on proof of fitness to practice law."2 We once again direct Steinberg's attention to the requirements of D.C. Bar R. XI, § 14, which set forth the responsibilities of suspended attorneys, and to the consequences of noncompliance with these requirements, as set forth in D.C. Bar R. XI, § 16. See Steinberg I, 720 A.2d at 901-02; Steinberg II, 761 A.2d at 280.
So ordered.3
APPENDIX
DISTRICT OF COLUMBIA COURT OF APPEALS BOARD ON PROFESSIONAL RESPONSIBILITY AD HOC HEARING COMMITTEE
In the Matter of: Andrew M. Steinberg, Respondent.
REPORT AND RECOMMENDATION
Before the Ad Hoc Hearing Committee are Bar Counsel's charges that Respondent failed to (1) answer investigative inquiries by Bar Counsel, and (2) respond to an order of the Board on Professional Responsibility (the "Board"). Specifically, Respondent is charged with violating the following Rules of Professional Conduct and Rule of the Court of Appeals Governing the Bar:
Procedural History
On September 18, 2002, Bar Counsel filed with the Board her Specification of Charges and Petition Instituting Formal Disciplinary Proceedings in this matter. BX B.4 These documents were personally served on Respondent on November 1, 2002. BX D. Respondent failed to file an answer by November 21, 2002, as required by Board Rule 7.5.
The parties attended a pre-hearing conference with the Committee Chair on December 6, 2002.5 At the conference, Respondent requested permission to late-file his answer; he was directed to so move in writing. See Order of December 9, 2002. On December 10, 2002, Respondent moved in writing to late-file an answer. Given reasons of mistake and inadvertence cited by Respondent at the pre-hearing conference and Bar Counsel's explicit lack of objection to the late-filing, Respondent's motion was granted and his Answer to Charges, accompanied by proposed exhibits, was accepted for filing. See Order of December 12, 2002.
This matter was heard on December 20, 2002. At the hearing, written stipulations were presented to the Committee. Tr. at 6-7. The stipulations were filed with the Board on Professional Responsibility on the date of the hearing and included with Bar Counsel's exhibits as BX 8. Relying on the stipulations and her proposed documentary evidence, Bar Counsel did not call any witnesses in her case-in-chief. Tr. at 10. Bar Counsel's Exhibits A-D and 1-8 were received in evidence without objection. Tr. at 12-13. Respondent, appearing pro se, testified on his own behalf. Tr. at 14-51. Respondent offered Exhibits 1 and 2 into evidence, and such were received without objection.6 Tr. at 69-70.
Bar Counsel called Michael Bozeman, an investigator with the Office of Bar Counsel, as a rebuttal witness. Tr. at 53-67.
At the conclusion of the hearing, the Committee announced is preliminary, non-binding determination that Bar Counsel had presented evidence sufficient to permit a finding of a violation of at least one of the alleged charges. Tr. at 68. Bar Counsel offered evidence of prior discipline in aggravation of the charges, and Bar Counsel's exhibits to this effect were received in evidence. BX 9-12; Tr. at 72. Respondent asked the Committee to consider in mitigation the health of Respondent's former spouse and his resulting responsibilities. Tr. at 27, 70-71.
Following the hearing, the Committee Chair requested post-hearing briefs filed according to the briefing schedule prescribed by Board Rule 12.1.7 Tr. at 73. Bar Counsel timely filed Proposed Findings of Fact, Conclusions of Law, and Recommendation as to Sanction on January 21, 2003.8 Respondent did not timely file a post-hearing brief by the February 3, 2003, due date or at any time thereafter.
Upon consideration of all of the evidence and Bar Counsel's post-hearing submissions, the Hearing Committee finds that Respondent violated Rules 8.4(d) and 8.1(b) of the Rules of Professional Conduct, and Rule XI, § 2(b)(3), of the Rules of the Court of Appeals Governing the Bar. With respect to sanction, Bar Counsel asks that we recommend that Respondent be suspended for 30 days and required to show fitness to practice law prior to reinstatement.9 For the reasons stated below, the Committee recommends that Respondent be suspended for 30 days and required to demonstrate fitness to practice law prior to reinstatement.
PROPOSED FINDINGS OF FACT
Background
First Request for Response to Complaint
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