Matter of Whitlock, No. M-45-80

Docket NºNo. M-45-80
Citation441 A.2d 989
Case DateFebruary 10, 1982
CourtCourt of Appeals of Columbia District
441 A.2d 989
In the Matter of Richard W. WHITLOCK, A Member of the Bar of the District of Columbia Court of Appeals.
No. M-45-80
No. M-62-81.
District of Columbia Court of Appeals.
M-45-80 Argued September 29, 1980.
M-62-81 Argued September 21, 1981.
Decided February 10, 1982.

David C. Bastian, Bethesda, Md., for respondent in M-45-80.

Charles L. Kent, Asst. Bar Counsel, Washington, D. C., at the time the case was argued, for petitioner in M-45-80.

Richard W. Whitlock, pro se in M-62-81. Joseph Mayer, Asst. Bar Counsel, Washington, D. C., for petitioner in M-62-81.

Before HARRIS, MACK and FERREN, Associate Judges.

PER CURIAM:


This court has reviewed two reports and recommendations of the Board on Professional Responsibility adopting Hearing Committee findings that respondent neglected legal matters entrusted to him, DR6-101(A)(3), failed to seek the lawful objectives of his clients and to carry out contracts of employment for professional services, DR7-101(A)(1) and (2), and failed to comply with court orders and to respond

Page 990

to Bar Counsel's requests, DR1-102(A)(5). The Board recommended consecutive six-month suspensions from the practice of law, for a total of twelve months. While the record supports the Board's findings of fact, we conclude that our rules requirement of consistency with other dispositions calls for imposition of one six-month suspension for respondent's conduct involved in both proceedings.

No. M-45-80

This proceeding concerns this court's appointment of respondent to represent defendants in two criminal appeals. He took no further steps after filing notices of appeal. According to the Board:

In each case he failed to file a brief within the prescribed 40-day period, whereupon in each case the appellate Court entered an order directing him to file a statement within 10 days setting forth the reasons for his failure to file the brief. No such statement was filed by respondent in either of the cases. The Court in each case then ordered the respondent to show cause within 10 days, (1) why the Order of Appointment should not be vacated, and (2) why the Court should not refer the matter to the Board on Professional Responsibility for appropriate action in light of the appellate delay and counsel's refusal to diligently prosecute the appeal on behalf of his client. Respondent still made no response, whereupon the Court removed respondent as attorney in each case and referred the matter of his conduct to the Board.

Respondent failed to respond to inquiries from Bar Counsel about each case. After disciplinary proceedings had begun as to each, respondent filed answers admitting the truth of the allegations of negligence but pleading ill health and lack of prejudice to the client.

Respondent appeared pro se and testified before the Hearing Committee. According to the Board:

The Hearing Committee properly found that respondent's conduct violated the Code of Responsibility as follows:

a. DR6-101(AX3) in that he neglected legal matters entrusted to him;

b. DR7-101(A)(1) in that he failed to seek the lawful objectives of his clients through reasonably available means permitted by law and the Disciplinary Rules, except as provided by DR7-101(B);

c. DR7-101(A)(2) in that he failed to carry out contracts of employment entered into with clients for professional services, except as withdrawal is permitted under DR2-110, DR5-102 and DR5-105; and

d. DR1-102(A)(5) in that he failed to comply with Court Orders and respond...

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25 practice notes
  • Practice and procedure: Patent and trademark cases rules of practice; representation of others before Patent and Trademark Office,
    • United States
    • Federal Register December 12, 2003
    • December 12, 2003
    ...In re Cope, 455 A.2d 1357 (D.C. 1983); In re Haupt, 444 A.2d 317 (D.C. 1982); In re Lieber, 442 A.2d 153 (D.C. 1982); In re Whitlock, 441 A.2d 989 (D.C. 1982); In re Russell, 424 A.2d 1087 (D.C. 1980); In re Willcher, 404 A.2d 185 (D.C. 1979). Misconduct also may arise from the failure to a......
  • Part II
    • United States
    • Federal Register December 12, 2003
    • December 12, 2003
    ...In re Cope, 455 A.2d 1357 (D.C. 1983); In re Haupt, 444 A.2d 317 (D.C. 1982); In re Lieber, 442 A.2d 153 (D.C. 1982); In re Whitlock, 441 A.2d 989 (D.C. 1982); In re Russell, 424 A.2d 1087 (D.C. 1980); In re Willcher, 404 A.2d 185 (D.C. 1979). Misconduct also may arise from the failure to a......
  • In re Jones, No. 87-252.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • December 2, 1987
    ...In re Jones, 521 A.2d 1119 (D.C. 1986); In re Haupt, 444 A.2d 317 (D.C. 1982); In re Lieber, 442 A.2d 153 (D.C. 1982); In re Whitlock, 441 A.2d 989 (D.C. 1982); In re Russell, 424 A.2d 1087 (D.C. 1980); In re Willcher, 404 A.2d 185 (D.C. 1979). But none of the respondents in those cases off......
  • In re Elgin, No. 04-BG-919.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • March 8, 2007
    ...in Hutchinson "was remorseful," id., but on this record, Mr. Elgin's remorse is questionable. And, as we said in In re Whitlock, 441 A.2d 989, 992 (D.C. 1982), "while poor health, marital [or family] difficulties, and a heavy case load undoubtedly contributed to respondent's ......
  • Request a trial to view additional results
23 cases
  • In re Jones, No. 87-252.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • December 2, 1987
    ...In re Jones, 521 A.2d 1119 (D.C. 1986); In re Haupt, 444 A.2d 317 (D.C. 1982); In re Lieber, 442 A.2d 153 (D.C. 1982); In re Whitlock, 441 A.2d 989 (D.C. 1982); In re Russell, 424 A.2d 1087 (D.C. 1980); In re Willcher, 404 A.2d 185 (D.C. 1979). But none of the respondents in those cases off......
  • In re Elgin, No. 04-BG-919.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • March 8, 2007
    ...in Hutchinson "was remorseful," id., but on this record, Mr. Elgin's remorse is questionable. And, as we said in In re Whitlock, 441 A.2d 989, 992 (D.C. 1982), "while poor health, marital [or family] difficulties, and a heavy case load undoubtedly contributed to respondent's ......
  • In re Roundtree, No. M-110-82.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • September 19, 1983
    ...(six-month suspension for neglect of a legal matter and engaging in conduct prejudicial to the administration of justice); In re Whitlock, 441 A.2d 989 (D.C.1982) (six-month suspension for neglect of two Page 148 matters, failure to seek the lawful objectives of two clients and to carry out......
  • In re Delate, No. 91-519.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • October 8, 1991
    ...written inquiries is a violation of Disciplinary Rule 1-102(A)(5)." In re Jones, 521 A.2d 1119, 1121 (D.C.1986); In re Whitlock, 441 A.2d 989 (D.C.1982); In re Haupt, 444 A.2d 317 (D.C.1982); In re Lieber, 442 A.2d 153 (D.C.1982); In re Russell, 424 A.2d 1087 (D.C.1980); In re Willcher......
  • Request a trial to view additional results

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