In re Mabry

11 A.3d 1292 (D.C. 2011) · District of Columbia Court of Appeals · January 27, 2011

Summary

The District of Columbia Court of Appeals disbarred Ralph T. Mabry, Jr. for intentional misappropriation of estate funds and multiple related violations of the Rules of Professional Conduct. The court accepted the Board on Professional Responsibility's findings and required reimbursement of $12,083.66 plus accrued interest as a condition of reinstatement.

Holdings

  1. Substantial evidence supported the finding that Mabry intentionally misappropriated estate funds, except for the $75.00 used to pay the premium on his surety bond.
  2. Disbarment was the appropriate sanction for Mabry's intentional misappropriation and other serious violations, and the court would impose the Board's recommended sanction.
  3. Reinstatement must be conditioned on Mabry's demonstrating reimbursement of the Estate, its beneficiaries, and/or the Clients' Security Fund in the amount of $12,083.66 plus accrued interest.

Questions Presented

  1. Whether substantial evidence supported the Board's finding that Mabry intentionally misappropriated estate funds in violation of Rule 1.15(a).
  2. Whether the Board's recommended sanction of disbarment, conditioned on restitution, was warranted and consistent with sanctions imposed for comparable intentional misappropriation.
  3. Whether the court should accept the Board's findings and recommendation where neither Bar Counsel nor respondent opposed them.

Disposition

other

Cases Cited (4)

  • In re Addams, 579 A.2d 190 (D.C. 1990) (en banc)(followed)
  • In re Delaney, 697 A.2d 1212, 1214 (D.C. 1997)(followed)
  • In re Wilson, 953 A.2d 1052 (D.C. 2008)(followed by analogy)
  • In re Mabry, 851 A.2d 1276 (D.C. 2004)(prior history)

Cited In (0)

No citing cases on record yet.

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