In re Spellman
In re Spellman
Opinion of the Court
The Board on Professional Responsibility recommends that Martin J. Spellman, Jr., be disbarred from the practice of law in the District of Columbia based on his misappropriation of client funds. We adopt the recommendation of the Board. See D.C. Bar R. XI, § 9(g)(1) (1996) (requiring this court 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”).
By order dated August 28, 1995, the Supreme Court of the State of New York, Appellate Division: Second Judicial Department, disbarred the respondent by consent from the practice of law in the State of New York because of his acknowledged misappropriation of client funds.
District of Columbia Bar R. XI, § 11(c) requires that the respondent be reciprocally disbarred in this jurisdiction unless he can demonstrate, by clear and convincing evidence, that one of the exceptions set forth in the rule applies to his case. In a letter dated September 25,1995, the Board duly informed the respondent of his “opportunity to respond to Bar Counsel’s statement as to whether reciprocal discipline should be imposed.” The respondent did not appear, or
Accordingly, we hold that the respondent Martin J. Spellman, Jr. is disbarred from the practice of law in the District of Columbia based upon his consent to disbarment in the State of New York because of his misappropriation of client funds. See In re Addams, 579 A.2d 190, 191 (D.C. 1990) (en banc) (“in virtually all eases of misappropriation, disbarment will be the only appropriate sanction unless it appears that the misconduct resulted from nothing more than simple negligence”).
So ordered.
. The Virginia State Bar Disciplinary Board revoked the respondent’s license to practice law on November 17, 1995, as a result of his "letter and petition respectively, requesting leave to surrender his license to practice law in the courts of [the Commonwealth of Virginia]."
. Disbarment is the appropriate sanction in New York where an attorney resigns because of financial improprieties regarding client escrow funds. See Matter of Addison, 87 A.D.2d 1012, 449 N.Y.S.2d 237(1981).
Reference
- Full Case Name
- In re Martin J. SPELLMAN, Jr., A Member of the Bar of the District of Columbia Court of Appeals
- Status
- Published