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IN RE LYLES

July 9, 1998

IN RE PAMELA L. LYLES, RESPONDENT. A MEMBER OF THE BAR OF THE DISTRICT OF COLUMBIA COURT OF APPEALS


Before Farrell, King, and Reid, Associate Judges.

The opinion of the court was delivered by: Per Curiam:

Before us in this reciprocal discipline proceeding is a report of the Board on Professional Responsibility recommending that respondent, who has been disbarred by the United States District Court for the District of Maryland, be disbarred from the practice of law in this jurisdiction. Respondent has filed no brief in opposition to the Board's recommendation. For the reasons stated in the Board's report which we adopt and append hereto, we accept the recommendation of the Board.

Accordingly, it is

ORDERED that respondent Pamela L. Lyles be disbarred from the practice of law in the District of Columbia, effective immediately. The time after which respondent may seek reinstatement shall run from the filing of an affidavit conforming to the requirements of D.C.Bar Rule XI, § 14(g).

APPENDIX

REPORT, RECOMMENDATION AND ORDER OF THE BOARD ON PROFESSIONAL RESPONSIBILITY

Respondent currently is suspended from the practice of law in the District of Columbia for six months, with a requirement that she demonstrate fitness before reinstatement. In re Lyles, 680 A.2d 408 (D.C. 1996). In that original jurisdiction proceeding, the Court adopted the Board's recommended conclusion that Respondent violated the District of Columbia Rules of Professional Conduct in connection with four separate client matters in which she represented debtors in bankruptcy proceedings. That suspension is still in effect. *fn1

Respondent now is before the Board on a reciprocal discipline matter arising from the disbarment of Respondent by the United States District Court for Maryland, for misconduct arising from four individual bankruptcy matters before that court in which Respondent represented individual debtors. Upon receiving notice of the Maryland federal court's action, the District of Columbia Court of Appeals, on March 28, 1997, again suspended Respondent from the practice of law in the District of Columbia and ordered the Board to recommend, after hearing from Bar Counsel and Respondent, "whether identical, greater or lesser discipline should be imposed as reciprocal discipline or whether the Board, instead, elects to proceed de novo pursuant to Rule XI, § 11."

Bar Counsel recommends the imposition of identical reciprocal discipline. Respondent filed with the Board an opposition to the imposition of reciprocal discipline. Respondent thereafter, on December 22, 1997, filed in the Court of Appeals a document styled "Motion for Immediate Reinstatement and [714 A2d Page 122]

Objection to Imposition of Reciprocal Discipline." The Court referred that filing to the Board, which has received a statement in response from Bar Counsel. That motion will be addressed herein. Upon review of all of these submissions, the Board recommends disbarment as reciprocal discipline.

ANALYSIS

Reciprocal discipline will be imposed unless the respondent demonstrates by clear and convincing evidence that one of the following exceptions to D.C.App. Rule XI, § 11(c) applies:

(1) The procedure elsewhere was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; or

(2) There was such infirmity of proof establishing the misconduct as to give rise to the clear conviction that the Court could not, consistently with its duty, accept ...


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