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In re Reynolds2/10/2005
gh the Virginia and District of Columbia Bars or, even, to determine whether any services are available to him. Tr. II at 152-53. Petitioner has not attended any continuing legal education ("CLE") courses. See Tr. II at 151-52.
24. Petitioner stated, on several occasions during the hearing, that he did not consider his alcohol use, or his recovery therefrom, to be significant to the fitness hearing. Tr. II at 118-19 (he did not consider proof of attendance at AA meetings to be persuasive evidence); Tr. II at 132 (" o me that is not the issue here. If I took a drink somewhere in the last year and a half or two years or whatever, I did not believe that that was the issue here on my fitness to practice law now.").
25. Petitioner was seen by a clinical psychologist, Dr. William J. Stejskal, on September 10, 2001. Petitioner exhibited symptoms of mild intoxication at that time. HC Rpt. Finding 9.
III. CONCLUSIONS OF LAW AND RECOMMENDATION
D.C. Bar R. XI, ยง 16(d), of the District of Columbia Court of Appeals Rules Governing the Bar, provides that the attorney seeking reinstatement shall have the burden of proof by clear and convincing evidence. Such proof shall establish:
(1) that the attorney has the moral qualifications, competency, and learning in law required for readmission; and
(2) that the resumption of the practice of law by the attorney will not be detrimental to the integrity and standing of the Bar, or to the administration of justice, or subversive to the public interest.
Review of whether a petitioner has satisfied his burden of proof is conducted within the framework of the factors listed in In re Roundtree, 503 A.2d 1215 (D.C. 1985); see In re Patkus, 841 A.2d 1268 (D.C. 2004) (per curiam). The Roundtree factors are: (1) the nature and circumstances of the misconduct for which the attorney was disciplined; (2) the attorney's recognition of the seriousness of the misconduct; (3) the attorney's post-discipline conduct, including steps taken to remedy past wrongs and prevent future ones; (4) the attorney's present character; and (5) the attorney's present qualifications and competence to practice law. Roundtree, 503 A.2d at 1217. We address these factors in turn.
1. Nature and Circumstances of Misconduct
Petitioner was suspended for violation of Rule 8.4(b), criminal conviction reflecting adversely on his fitness to practice law. Specifically, Petitioner was convicted on two counts of DWI, one count of eluding a police officer, and one count of hit and run. He was sentenced to 12 months on each of the counts, to run consecutively. There is little doubt that Petitioner's conduct was serious. Further, as the Hearing Committee noted, "Petitioner's problems with the law have resulted from alcohol abuse. He has had seven arrests for DWI, and six convictions. The hit and run and eluding convictions were also alcohol-related, as have been his difficulties obeying court-ordered probation terms. But for the alcohol abuse, leading to the motor vehicle violations, Petitioner would not have been subjected to the disciplinary process." HC Rpt. at 4.
2. Recognition of Seriousness of Misconduct
This Roundtree factor has been consistently relied upon by the Court as a predictor of future conduct. If a petitioner does not acknowledge the seriousness of his or her misconduct, it is difficult to be confident that similar misconduct will not occur in the future. Failure to carry the burden on this factor has often been recited as a ground for denial of a reinstatement petition. See In re Molovinsky, 723 A.2d 406, 409 (D.C. 1999) (per curiam); In re Lee, 706 A.2d 1032, 1035 (D.C. 199
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