In re Donald L. McClure

Summary

The District of Columbia Court of Appeals adopted the Board on Professional Responsibility’s recommendation to disbar Donald L. McClure for multiple violations of the District of Columbia Rules of Professional Conduct arising from his representation of clients in a medical malpractice case. The court held that his resignation from the District of Columbia Bar during suspension did not preclude disbarment. Disbarment was effective as of the date of the order, with the disbarment period for reinstatement purposes running from the date he filed the required affidavit.

Holdings

1. The court accepted the Board's factual findings because the findings regarding each rule violation were supported by substantial evidence in the record.
2. Disbarment was warranted because the sanction was consistent with comparable misconduct and fell within the range of acceptable outcomes.
3. McClure's resignation did not preclude disbarment because he was suspended and therefore was not a member in good standing, and an attorney may not avoid disciplinary review or the Board's recommended sanction by resigning during the disciplinary process.

Questions Presented

1. Whether the Board's factual findings were supported by substantial evidence.
2. Whether the Board's recommended sanction of disbarment was warranted and consistent with sanctions imposed for comparable misconduct.
3. Whether McClure's resignation from the District of Columbia Bar precluded the court from imposing disbarment.

Disposition

other