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11 A.3d 1219
D.C.
2011
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Background

  • Respondent Karl W. Carter, Jr. was suspended from the practice of law in the District of Columbia for eighteen months.
  • The suspension arose from three matters: representation of Blount and Briscoe in an employment discrimination suit against the U.S. Bureau of Engraving and Printing; representation of Morgan against his employer, the DC Fire and Emergency Services Department; and failures to respond to Bar Counsel investigations.
  • In Blount/Briscoe matter, Carter failed to attend multiple hearings, contributed to delays, and a post-mediation hearing was not attended, leading to a show-cause order and later settlement issues.
  • In Morgan matter, Carter accepted a $5,000 fee, failed to act or communicate, and did not ensure payment of a settlement to Morgan; arbitration resulted in an award to Morgan.
  • In Bar Counsel investigations, Carter repeatedly failed to respond to information requests and court-ordered inquiries, even after subpoenas were issued.
  • The Board found violations of multiple Rules of Professional Conduct and concluded the sanction should include a fitness requirement for reinstatement and restitution obligations.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Appropriate sanction length Bar Counsel urged a longer sanction due to prior violations. Carter contends eighteen months is excessive and seeks a shorter term. Eighteen-month suspension, with reinstatement conditioned on fitness and restitution.
Whether Rule 8.4(d) violation occurred regarding ACAB awards Bar Counsel argued Carter's conduct violated Rule 8.4(d) by not paying awards. Carter claimed no direct taint on the judicial process from failing to pay. No Rule 8.4(d) violation found for failure to pay ACAB awards; conduct did not directly taint the judicial process.
Fitness for reinstatement Carter should demonstrate fitness due to repeated misconduct. Carter should be permitted to reinstate after serving suspension and addressing restitution. Reinstatement conditioned on fitness to practice, restitution, and cooperation with Bar Counsel.
Restitution to clients Carter must repay unearned or misappropriated funds. Carter should resolve restitution as part of reinstatement process. Proof of payment or restitution to Blount, Briscoe, and Morgan required for reinstatement.

Key Cases Cited

  • In re Godette, 919 A.2d 1157 (D.C. 2007) (deference to Board; sanctions review for consistency)
  • In re Temple, 629 A.2d 1203 (D.C. 1993) (sanctions within broad range of acceptable outcomes)
  • In re Ukwu, 926 A.2d 1106 (D.C. 2007) (two-year suspension with fitness and restitution for serious misconduct)
  • In re Steele, 868 A.2d 146 (D.C. 2005) (three-year suspension with fitness for fabricating a subpoena and other misconduct)
  • In re O'Donnell, 517 A.2d 1069 (D.C. 1986) (one-year suspension for lesser but similar misconduct)
  • In re Goffe, 641 A.2d 458 (D.C. 1994) (within a wide range of acceptable sanctions)
  • In re Hopkins, 677 A.2d 55 (D.C. 1996) (Hopkins test for Rule 8.4(d) requires direct bearing on judicial process)
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Case Details

Case Name: In Re Carter
Court Name: District of Columbia Court of Appeals
Date Published: Jan 20, 2011
Citations: 11 A.3d 1219; 2011 D.C. App. LEXIS 19; 2011 WL 166070; 09-BG-927
Docket Number: 09-BG-927
Court Abbreviation: D.C.
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    In Re Carter, 11 A.3d 1219