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• Title: Matter Nicholas Addams Respondent a Member
• Author : District of Columbia Court of Appeals.
• Release Date : January 06, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 95 KB

Description

This matter was originally before the court on the Report and Recommendation of the Board on Professional Responsibility (the
Board). The Board unanimously found that respondent Addams violated DR 9-103 (A) (misappropriation) and DR 1-102 (A)(4) (dishonesty)
as a result of intentionally misappropriating client funds and misrepresenting the fact to his client. Four members of the
Board recommended that respondent be disbarred and four members recommended that he be suspended for one year and a day. Before
the court Addams contended that the record did not support the Board's findings, and, alternatively, that the appropriate
sanction was suspension for no more than one year. A division of this court held that the record supported the Board's findings
of disciplinary violations and that, in view of our decision in In re Buckley, 535 A.2d 863 (D.C.1987), disbarrment was the
appropriate sanction. In re Addams, 563 A.2d 338 (D.C.1989). On January 24, 1990, the court granted respondent's petition
for rehearing en banc, and vacated the division opinion, in order to consider whether there should be a per se disbarrment
rule for intentional misappropriation and, if not, the extent to which mitigating factors are relevant in determining the
appropriate sanction. Order of February 27, 1990. We now reaffirm that in virtually all cases of misappropriation, disbarrment will be the only appropriate action unless it
appears that the misconduct resulted from nothing more than simple negligence. While eschewing a per se rule, we adhere to
the presumption laid down in our prior decisions and shall regard a lesser sanction as appropriate only in extraordinary circumstances.
We have found such circumstances in In re Kersey, 520 A.2d 321 (D.C. 1987), and may find other circumstances calling for
a lesser sanction in the future. But, as a matter of course, the mitigating factors of the usual sort, see, e.g., In re Reback,
513 A.2d 226, 233 (D.C.1986) (en banc), will suffice to overcome the presumption of disbarrment only if they are especially
strong and, where there are aggravating factors, they substantially out weigh any aggravating factors as well. In this case,
the mitigating factors fail to meet this standard. Accordingly, We order that Respondent Addams shall be disbarred.

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