Summary
The District of Columbia Court of Appeals imposed a 30-day suspension on John L. McGann as reciprocal discipline for representing multiple criminal defendants whose interests conflicted and failing to communicate with them. The suspension was ordered to run consecutively to an earlier suspension because McGann had not filed the required affidavit.
Holdings
- In an uncontested reciprocal-discipline case, the court's review is limited and the presumption favors imposing identical reciprocal discipline.
- A 30-day suspension was the appropriate reciprocal discipline for McGann's conflict-of-interest and communication violations in light of his prior discipline and the obviousness of the conflict.
- The 30-day suspension must run consecutively to McGann's suspension in No. 94-BG-1221 (BDN 390-94).
Questions Presented
- What reciprocal discipline should be imposed in the District of Columbia after Virginia disciplined McGann for representing criminal defendants with conflicting interests and failing to communicate adequately?
- Whether the Board on Professional Responsibility's recommended 30-day suspension should be adopted where no party filed an exception and the record substantially supported the Board's findings.
- Whether the new suspension should run consecutively to McGann's earlier suspension because he failed to file the required affidavit.
Disposition
other
Cases Cited (8)
- In re Goldsborough, 654 A.2d 1285 (D.C. 1995)(followed)
- In re Zilberberg, 612 A.2d 832, 834 (D.C. 1992)(followed)
- In re Delaney, 697 A.2d 1212, 1214 (D.C. 1997)(followed)
- In re McGann, 666 A.2d 489 (D.C. 1995) (per curiam)(applied)
- In re Butterfield, 851 A.2d 513 (D.C. 2004)(followed)
- In re Steely, 806 A.2d 1236 (D.C. 2002)(followed)
- In re Hughes, Bar Docket No. 455-78, at 4 (BPR Apr. 30, 1981), aff'd, No. M-80-81 (D.C. Nov. 2, 1981)(analogized)
- In re McGarvey, Bar Docket No. 299-80, at 5-6 (BPR Aug. 11, 1982), aff'd, No. M-129-82 (D.C. Dec. 9, 1982)(analogized)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…