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In re Perez

DISTRICT OF COLUMBIA COURT OF APPEALS


July 10, 2003

IN RE HORACE H. PEREZ, RESPONDENT, A MEMBER OF THE BAR OF THE DISTRICT OF COLUMBIA COURT OF APPEALS

On Exception of Respondent to Report and Recommendation of the Board on Professional Responsibility

Before Schwelb, Ruiz and Reid, Associate Judges.

The opinion of the court was delivered by: Per Curiam

Submitted March 11, 2003

This case arises from Respondent's representation of Mr. Raúl Martínez with respect to immigration matters. The Board on Professional Responsibility ("Board"), having adopted and incorporated the findings of fact and conclusions of law of a Hearing Committee, and having reviewed and modified the Hearing Committee's recommended sanction, *fn1 has recommended that respondent be suspended from the practice of law in the District of Columbia for a period of sixty days for protracted neglect and intentional conduct that resulted in prejudice and damage to a vulnerable client. The Board adopted the Hearing Committee's recommendation that the Respondent make restitution to Mr. Martínez in the amount of $350 (with interest) and that reinstatement be conditioned upon proof of fitness to practice law in the District of Columbia.

Bar Counsel has filed no exception to the Board's recommendation. Although Respondent indicated that he excepted to the Board's report and recommendation, he has filed no brief with this court. *fn2 Our "review of the Board's report should be deferential where respondent has bypassed the opportunity to identify and brief issues." In re Dubow, 729 A.2d 886, 887 (D.C. 1999) (citing In re Goldsborough, 654 A.2d 1285, 1287-88 (D.C. 1995)) (noting that Respondent initially excepted but failed to file a brief with this court identifying the issues on appeal).

ORDERED that Horace Hugo Pérez shall be suspended from the practice of law in the District of Columbia for a period of sixty (60) days with reinstatement conditioned upon a showing of fitness to practice law; *fn3 it is

FURTHER ORDERED that Horace Hugo Pérez shall be required to make restitution to Mr. Raúl Martínez in the amount of $350 with interest as calculated by the Board in its recommendation.

So ordered.


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