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In re McClain

DISTRICT OF COLUMBIA COURT OF APPEALS


February 12, 2009

IN RE: CHARLES E. MCCLAIN, SR., RESPONDENT.

Per curiam.

Bar Registration No. 439941 BDN: 398-08

BEFORE: Reid and Fisher, Associate Judges, and Pryor, Senior Judge.

ORDER

On further consideration of the certified copy of the order from the Court of Appeals of Maryland disbarring respondent, see Attorney Grievance Comm'n of Md. v. McClain, 956 A.2d 135 (Md. 2008), this court's October 7, 2008, order that suspended respondent from the practice of law pending further action of the court and directed him to show cause why identical discipline should not be imposed, the responses of respondent and Bar Counsel, and it appearing that respondent has not filed his affidavit as required by D.C. Bar R. XI, it is

ORDERED that Charles E. McClain, Sr. is hereby disbarred. Although respondent filed a response to this court's show cause order, his response failed to establish any exceptions under D.C. Bar R. XI, § 11 (c). Additionally, respondent may not re-litigate the factual basis for the discipline established in a sister proceeding, see In re Fuchs, 905 A.2d 160 (D.C. 2006), and this court has held that disbarrment in this jurisdiction is the proper identical discipline for disbarrment imposed by Maryland, see In re Long, 948 A.2d 516 (D.C. 2008). Lastly, respondent's conduct in Maryland would constitute misconduct in this jurisdiction. See In re De Maio, 893 A.2d 583 (D.C. 2006) and In re Goffe, 641 A.2d 458 (D.C. 1994). It is

FURTHER ORDERED that for purposes of reinstatement, this period will not commence to run, until such time as respondent files an affidavit that fully complies with the requirements of D.C. Bar. R. XI, § 14(g).

20090212

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