On Report and Recommendation of the Board on Professional Responsibility (BDN 426-05)
Submitted November 6, 2007
Before NEWMAN, BELSON and KING, Senior Judges.
In this disciplinary proceeding against respondent, Jodie Grossman,*fn1 the Board on Professional Responsibility ("Board") has recommended that we impose substantially different reciprocal discipline of disbarrment to commence for purposes of reinstatement on the date respondent files a D.C. Bar R. XI, § 14 (g) affidavit.
On December 2, 2005, the Commonwealth of Massachusetts Supreme Judicial Court for Suffolk County indefinitely suspended*fn2 respondent from the practice of law for intentionally misusing and converting client funds, failing to safeguard and promptly pay over or deliver funds, failing to account adequately for the funds when she wrote two checks from her escrow account made payable to cash, and submitting fabricated evidence and making misrepresentations to Bar Counsel. Respondent did not notify this jurisdiction of her suspension, and on February 3, 2006, Bar Counsel filed a certified copy of the suspension with this court. On February 23, 2006, this court temporarily suspended respondent and directed (1) Bar Counsel to inform the Board of his position regarding reciprocal discipline within thirty days, (2) respondent to show cause why identical, greater, or lesser discipline should not be imposed, and (3) the Board either to recommend discipline or proceed de novo. The Board recommended a substantially different reciprocal discipline of disbarrment. Respondent did not participate in this reciprocal proceeding.
In its report and recommendation, the Board found that the record supported the imposition of substantially different discipline of disbarrment. See D.C. Bar R. XI, § 11 (c)(4) and (e). A two-step analysis applies to impose substantially different discipline. See In re DeMaio, 893 A.2d 583, 587 (D.C. 2006) (citing In re Garner, 576 A.2d 1356, 1357 (D.C. 1990)). In applying the first step, the Board correctly concluded that if the misconduct in question, namely intentional misappropriation, occurred here, the punishment would be disbarrment, not suspension. See In re Carlson, 802 A.2d 341, 348 (D.C. 2002) (citing In re Addams, 579 A.2d 190, 191 (D.C. 1990) (en banc)). Second, the Board determined that there is substantial difference between disbarrment and suspension.*fn3 Further, the record affirmatively supports a finding that the misappropriation was intentional and that respondent was afforded due process in Massachusetts.
Where no exceptions are filed, we give great deference to the Board's recommendation. See D.C. Bar R. XI § 11 (f)(1); In re Delaney, 697 A.2d 1212, 1214 (D.C. 1997). Moreover, by failing to file any exceptions, respondent has effectively conceded that the proposed sanction is appropriate. See In re Goldsborough, 654 A.2d 1285, 1287-88 (D.C. 1995); D.C. Bar R. XI, § 11 (f). As 3 disbarrment is imposed for intentional misappropriation, see In re Carlson, supra, 802 A.2d at 348, we hereby adopt the Board's recommendation. Accordingly, it is
ORDERED that Jodie Grossman be disbarred from the practice of law in the District of Columbia and for purposes of reinstatement, the time period shall begin to run from the date respondent files her affidavit as required by D.C. Bar R. XI, § 14 (g). See In re Slosberg, 650 A.2d 1329, 1331-33 (D.C. 1994) .