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In re Berryman12/28/2000
funds related to the purchase of a residential property. The funds were placed in the attorney's regular office checking account, instead of a separate account. After paying the seller and noteholder, the attorney still retained $2,639.15 earmarked for taxes and other fees. He wrote two checks for these payments, but both were dishonored for insufficient funds. Checks written on the account, in the same period, for the attorney's business and personal expenses were not dishonored. 610 A.2d at 233. The Board rejected the hearing committee's finding of negligent misappropriation, finding instead, that the respondent's "misappropriation 'was the consequence at least of reckless handling of client funds, not mere negligence or inadvertence.'" Id. at 234. We agreed with the Board's determination, and "held that "' clear rational basis exists for conclusion that attorneys who knowingly misappropriate client funds stand in a different position than attorneys who commit other acts involving dishonesty.'" Id. at 237 (quoting In re Dulansey, 606 A.2d 189, 190 (D.C. 1992)).
In In re Pels, 653 A.2d 388 (D.C. 1995), the respondent attorney used part of a $20,000 client settlement fund for personal and business- related expenses, and consequently, lacked the funds to pay the client's medical bills which amounted to $2,427. Id. at 390. Checks written for some of these bills were dishonored. Id. at 391. In his defense, the attorney maintained that he had thousands of dollars in other accounts, and thus, sufficient funds to cover the medical bills; we rejected that argument. Id. at 394. We concluded that the misappropriation was intentional, in part, because of the attorney's approximate year-long practice of "indiscriminate mingling of personal and client funds" and the dishonoring of the checks for medical bills; and the failure to account for remaining settlement funds. Id. at 395-96. We also "reject [the respondent's argument that] good faith - - his reasonable but erroneous belief that he was entitled to the balance of the funds - - reduced his culpability to simple negligence." Id. at 397.
Similar to the respondent in Pels, supra, the attorney in Pierson, supra, received client settlement funds. She used the funds to pay her law firm's operating expenses, and thus, did not tender the funds to the proper party. Because the suit had been dismissed after settlement was reached, the case had to be reinstated and a new settlement reached, which required an additional $500 payment. Ms. Pierson did not tell her client about this development; nor did she have the funds to pay the settlement to the proper party, even though she indicated that the funds were in her escrow account. Therefore, a second default took place. Subsequently, Ms. Pierson tendered a certified check to the settlement party for part of the funds, and a non-certified check for the remainder. The non-certified check was dishonored. Eventually Ms. Pierson paid the required sum. Id. at 943-44. We refused to accept Ms. Pierson's argument that her misappropriation was inadvertent, and that "when coupled with her past history of pro bono work, the absence of a prior disciplinary record, and her forthrightness with the Board and the hearing committee should be sufficient to mitigate the penalty [of disbarrment]." Id. at 949-50. We also declared that these factors did not amount to "extraordinary circumstances" under Addams, supra. Id. at 950.
The respondent in Utley, supra, took unauthorized fees and commissions from an estate account. For example, on one occasion she took $1,223.42, and inadvertently made a duplicate payment of the same sum to herself; on another occasion, she took $5,000. Id. at 448. We determined that Ms. Utley's misap
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