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In re Reynolds

2/10/2005

claims to have read publications related to his prior practice area, to have discussed cases with practicing attorneys he meets in the library, and to have provided assistance to clients on patent applications (which do not require a licensed attorney), he presented no documents or witnesses to support these contentions. See Petition for Reinstatement at 2; Tr. II at 138-41. Respondent has [neither] taken any CLE courses, nor engaged in any significant legal work. The record, thus, offers no evidence of Petitioner's current competence to practice law. Cf. Patkus, 841 A.2d at 1270 (petition for reinstatement denied where petitioner had taken no CLE courses since 1995, notwithstanding evidence that petitioner handled eight administrative matters that did not require representation by a licensed attorney). Indeed, the record offers no evidence of Petitioner's ability to hold any kind of employment whatsoever. Cf. In re Kerr, 675 A.2d 59, 61-62 (D.C. 1996) (per curiam) (petitioner reinstated 19 years following disbarrment upon proof that she had earned doctorate in psychology and practiced as a psychologist, taken over 30 hours of CLE courses, and acted as expert witness in psychology and thus came into contact with the courts); In re Smith, No. 89-428, Order (D.C. Oct. 9, 1990) (per curiam), In re Smith, No. 89-428, Order (D.C. Mar. 7, 1990); In re Smith, No. 89-428, Joint Recommendation (D.C. Apr. 6, 1990) (after a disability suspension, attorney who had managed mechanical contracting company and gave advice to former employees and attorney friends was initially denied reinstatement, but agreed to meet conditions including (i) proof of attendance at a six-part CLE "Bridge the Gap" course; (ii) six months of part-time work as a law clerk for two lawyers, in the areas of civil and criminal practice; and (iii) submission of affidavits from the lawyers confirming the hours the petitioner worked, the nature and duration of employment and whether he fulfilled his responsibilities in a satisfactory manner, and was, upon meeting such conditions, granted reinstatement). Petitioner has, thus, failed to meet his burden of proving competence necessary for reinstatement.


IV. CONCLUSION


Having found that Petitioner has failed to meet his burden of proving his fitness by clear and convincing evidence, the Board recommends that the Petition for Reinstatement be denied.


BOARD ON PROFESSIONAL RESPONSIBILITY


Roger A. Klein


Dated: May 6, 2004


All members of the Board concur in this Report and Recommendation.






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