May 22, 1992
IN THE MATTER OF WILLIAM J. MULKEEN, RESPONDENT
A Member of the Bar of the District of Columbia Court of Appeals. On Motion for Rehearing.
Before Ferren, Steadman, and Schwelb, Associate Judges.
The opinion of the court was delivered by: Per Curiam
PER CURIAM: In our order of February 25, 1992, we suspended respondent from the practice of law in the District of Columbia for a period of three months. On the recommendation of the Board on Professional Responsibility, we imposed our February order retroactively to the date of respondent's temporary suspension on March 6, 1991. Because Bar Counsel had not opposed this Board recommendation, we assumed that (1) at the time of his temporary suspension respondent had complied with the requirements of D.C. Bar R. XI, § 14 that he notify his clients of the order of suspension; (2) respondent had filed the required affidavit confirming his compliance with the client-notification rule; and (3) the affidavit had been timely filed within ten days of the effective date of the notice of suspension.
On March 4, 1992, Bar Counsel filed a Motion for Rehearing, informing us that Bar Counsel had failed to alert either the Board or this Court to respondent's non-compliance and that respondent in fact had not complied with the client-notification and affidavit requirements of R. XI, § 14 at the time of his temporary suspension. Bar Counsel requested "that the Court reconsider its ruling and amend it to require Respondent's suspension to remain in force until Respondent complies with the requirements of D.C. App. Rule XI, § 14." Respondent has filed no opposition or any other response to the motion.
We accordingly grant the motion for rehearing and amend our order of February 25, 1992 by removing its last sentence that makes suspension retroactive to March 6, 1991 and substituting the following amended order:
It is ORDERED that respondent shall be, and hereby is, suspended from the practice of law in the District of Columbia for a period of three months from the date hereof and thereafter until reinstated under the provisions of D.C. App. Rule XI, § 16 (c).
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