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07/27/90 MATTER JEFFREY LEE GREENSPAN RESPONDENT. A

July 27, 1990

IN THE MATTER OF JEFFREY LEE GREENSPAN, RESPONDENT. A MEMBER OF THE BAR OF THE DISTRICT OF COLUMBIA COURT OF APPEALS


On Report and Recommendation of the Board on Professional Responsibility

Rogers, Chief Judge, and Newman and Farrell, Associate Judges. Concurring opinion by Chief Judge Rogers, at p.3.

The opinion of the court was delivered by: Per Curiam

Respondent was charged with engaging in conduct prejudicial to the administration of Justice in violation of DR 1-102 (A)(5). Specifically, respondent as charged With failing to attend meetings and to supply information to the Superior Court Auditor-Master, and failure to respond to Bar Counsel's inquiries regarding these failures.

At the same time respondent was facing these charges, he was given a six-month suspension by the Maryland Court of Appeals for making false statements to a bank on behalf of a client. Upon the recommendation of the Board, we administered reciprocal discipline nunc pro tunc. In re Greenspan, No. 88-1185 (April 25, 1990).

After an evidentiary hearing, the Board found that respondent violated DR 1-102 (A)(5) by engaging in conduct prejudicial to the administration of Justice. Bar Counsel recommended public censure, and the Hearing Committee recommended a 180-day suspension due to the presence of aggravating circumstances, namely respondent's suspension for dishonesty in Maryland. The Board has adopted the Hearing Committee's proposal and recommends a 180-day suspension. Neither party filed briefs or exceptions with the Board or with this court.

We accept the Board's findings of fact as supported by substantial evidence, and we attach the Board's Report and Recommendation hereto and incorporate it by reference. We also agree with the Board that, in light of the significant record of prior discipline stemming from respondent's Maryland case, public censure is an inadequate sanction. See In re Jones (II), 534 A.2d 336, 337 (D.C. 1987). Respondent's pattern of lying under oath, as demonstrated by this case and respondent's Maryland case, evinces a serious lack of fitness to practice law and leads us to conclude that a 180-day suspension borders on inadequacy as well. Therefore, in addition to a 180-day suspension, we require that respondent prove his fitness to practice before reinstatement. In re Morris, 495 A.2d 1162, 1163 (D.C. 1985) (this court "shall adopt the recommended Disposition of the Board unless to do so would foster a tendency toward inconsistent Dispositions for comparable conduct or otherwise would be unwarranted."). *fn1

Accordingly, it is:

ORDERED that, pursuant to D.C. Code § 11-2502 (1989), respondent, JEFFREY LEE GREENSPAN, is suspended from the practice of law in the District of Columbia for 180-days, with proof of fitness to practice law required before reinstatement. This order shall be effective thirty (30) days from the date of this opinion. Respondent's attention is directed to the provisions of District of Columbia Bar Rule XI, § 14 governing disbarred and suspended attorneys.

BOARD ON PROFESSIONAL RESPONSIBILITY

DISTRICT OF COLUMBIA COURT OF APPEALS

Bar Docket No. 160-88

IN THE MATTER OF: JEFFREY R. GREENSPAN, RESPONDENT.

BOARD REPORT AND RECOMMENDATION

This matter is before the Board On the Report and Recommendation of Hearing Committee No. 10, which, after an evidentiary hearing, concluded that Respondent had violated DR 1-102(A)(5) (engaging in conduct prejudicial to the administration of Justice). The specific misconduct found involved Respondent's failure to attend meetings and to supply information to the Superior Court Auditor-Master, coupled with Respondent's disregard of Bar Counsel's inquiries concerning those very failures.

Bar Counsel recommended the sanction of public censure. The Hearing Committee found significant aggravating circumstances and recommended a 180-day suspension. Neither party filed exceptions or briefs ...


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