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In re Gregory1/31/2002
Submitted January 15, 2002
In its attached Report and Recommendation, the Board on Professional Responsibility has recommended that Stephen R. Gregory, a member of our Bar, be disbarred for misappropriation, in violation of Rule 1.15 (a) of the Rules of Professional Conduct, and for failure to notify medical providers of his receipt of funds to which the providers were entitled, in violation of Rule 1.15 (b). For reasons explicated in considerable detail in its Report, the Board concluded that Gregory's conduct was reckless, rather than simply negligent, and that disbarrment was therefore the appropriate remedy.
Neither Bar Counsel nor Gregory has excepted to the Board's recommendation. This court is required to
adopt the recommended disposition of the Board unless to do so would foster a tendency toward inconsistent dispositions for comparable conduct or would otherwise be unwarranted. D.C. Bar R. XI, ยง 9 (g)(1).
"The deferential standard mandated by this provision becomes even more deferential where, as here, the attorney has failed to contest the proposed sanction." In re Goldsborough, 654 A.2d 1285, 1288 (D.C. 1995). Applying this standard, we agree, substantially for the reasons stated by the Board, that disbarrment is the appropriate remedy. See, e.g., In re Anderson, 778 A.2d 330 (D.C. 2001) (collecting authorities); In re Pels, 653 A.2d 388, 395-98 (D.C. 1995). Accordingly, Stephen R. Gregory is hereby
Disbarred.
ATTACHMENT
DISTRICT OF COLUMBIA COURT OF APPEALS BOARD ON PROFESSIONAL RESPONSIBILITY
Bar Docket No. 465-97
In the Matter of: STEPHEN R. GREGORY Respondent.
REPORT AND RECOMMENDATION OF THE BOARD ON PROFESSIONAL RESPONSIBILITY
Bar Counsel charged Respondent with violations of Rule 1.15(a) (misappropriation), Rule 1.15(b)(failure to notify third parties of receipt of funds to which they were entitled), and Rule 5.3(b)(failure to supervise a non-lawyer adequately). The charges were brought as a result of Respondent's failure to pay the medical bills of a client after he had received and cashed a settlement check for the client.
After a hearing at which Respondent and other witnesses testified, the Hearing Committee made thorough findings of fact and conclusions of law. The Hearing Committee concluded that Bar Counsel had proven that Respondent violated Rules 1.15(a) and 1.15(b), but had not proven that Respondent failed adequately to supervise a non-lawyer, in violation of Rule 5.3(b). The Hearing Committee also concluded that Respondent's misappropriation was the result of mere negligence. The Committee recommended a sanction of one year suspension, with reinstatement conditioned on payment of the amounts due the medical providers and on a showing of fitness.
Respondent has not excepted to the Hearing Committee report and did not file a brief before this Board. Bar Counsel excepted to the Hearing Committee recommendation, both as to the finding of no violation of Rule 5.3(b) and as to the determination that Respondent's misappropriation was the result of mere negligence. Bar Counsel urges that Respondent's misappropriation was reckless and, accordingly, that a sanction of disbarrment is required.
Bar Counsel endorses the Hearing Committee's finding of fact and adopts them as its statement of facts before this Board. We also adopt those findings and incorporate them into this Report, although we disagree with the Hearing Committee as to whether those facts warrant a finding of negligent or reckless misappropriation. See In re Micheel, 610 A.2d 231, 234 (D.C. 1992)(adopting Board's recommendation of reckl
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