In re Long
2006 WL 2008380, 902 A.2d 1168 (2006)
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Rule of Law:
An attorney's long, unblemished disciplinary record and the fact that misconduct occurred as an isolated, personal event outside the attorney's regular practice area are significant mitigating factors that can warrant staying a suspension in favor of probation, even for serious ethical violations.
Facts:
- J. Sinclair Long, a government attorney with no experience in estate planning, was a long-time friend of Wilbert Harris.
- Harris was the caretaker for an elderly woman, Lessie T. Lowery, whom Long believed to be Harris's sole living relative.
- In 1996, Harris asked Long to draft a will for Mrs. Lowery that would leave all her assets to Harris.
- Long agreed, editing a form will for a $75 fee without conducting proper legal research, consulting experienced attorneys, or having a substantive discussion with Mrs. Lowery about her finances or other relatives.
- Concurrently, Long represented Harris in a matter where Adult Protective Services (APS) was investigating Harris for potential exploitation and neglect of the 87-year-old Mrs. Lowery.
- Long drafted a power of attorney that Mrs. Lowery executed, giving Harris full authority over her assets, which Harris then used to obstruct the APS investigation.
- Mrs. Lowery died in 1997, and her nieces and nephews contested the will, which resulted in a settlement where Harris received only 40% of the estate.
Procedural Posture:
- The D.C. Bar Counsel initiated disciplinary proceedings against J. Sinclair Long.
- A Hearing Committee investigated the matter and recommended that Long receive an informal admonition.
- The Board on Professional Responsibility reviewed the case, rejected the Hearing Committee's recommendation, and instead recommended a thirty-day suspension from the practice of law.
- Long, the respondent, appealed the Board's recommended sanction to the District of Columbia Court of Appeals, arguing the suspension should be stayed in favor of probation.
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Issue:
Is a thirty-day suspension, stayed in favor of probation, the appropriate sanction for an attorney's incompetent representation and conflict of interest, where the attorney has a long, unblemished record and the misconduct was an isolated incident arising from a personal relationship?
Opinions:
Majority - Per Curiam
Yes. A thirty-day suspension stayed in favor of probation is the appropriate sanction because the presence of significant mitigating factors requires a disposition consistent with comparable precedent. The court disagreed with the Board's analysis distinguishing this case from a similar case, In re Boykins. The Board viewed Long's twenty-plus years of experience as an aggravating factor, whereas the court considered his long, unblemished record to be a significant mitigating factor. The court also determined that Long's misconduct occurring as a 'one-shot event of a personal nature' outside his regular professional practice was a mitigating factor, not an aggravating one. Given these factors and Long's cooperation, the court found the sanction imposed in Boykins—a stayed thirty-day suspension—to be the most appropriate to ensure consistency in disciplinary outcomes.
Analysis:
This decision refines the analysis of mitigating factors in attorney disciplinary proceedings, particularly concerning the weight given to an attorney's career history and the context of the violation. It establishes that a lengthy, discipline-free career is a powerful mitigating circumstance. Furthermore, it differentiates between misconduct occurring within an attorney's regular public practice and an isolated, personal favor outside their expertise, treating the latter more leniently. This precedent strengthens arguments for lesser sanctions in cases where an otherwise reputable attorney commits an ethical breach in a personal context with no self-serving intent.
