The crux of this matter involves respondent’s neglectful representation of a client incarcerated in the District of Columbia. 1 Respondent is charged with the following violations: Rule 1.1(b), failure to serve client with commensurate skill and care; Rule 1.3(e), failure to act with reasonable promptness in representing a client; and Rule 1.4(b), failure to explain matters to a client. The Hearing Committee found respondent to have violated these rules and the Board on Professional Responsibility recommends public censure. We adopt the Board’s recommendation.
A hearing in this matter was held on July 14,1994. 2 At that hearing, Wheeler testified against respondent. When asked whether there had been an outstanding warrant for his arrest on or about August 22, 1992, Wheeler asserted his Fifth Amendment right against self-incrimination. On September 11, 1997, at a hearing before the Board, respondent asserted that it was error to allow Wheeler to assert his Fifth Amendment privilege, and in light of the lost transcript, requested that the matter be remanded to the Hearing Committee. Respondent contended that the warrant is material to his case since, arguably, it shows his client would have remained incarcerated regardless of his own action or inaction. The Board rejected respondent’s request and issued its Report and Recommendation. No opposition has been filed.
We conclude that the violations found by the Board are supported by substantial evidence.
In re Evans,
Turning to the issue of sanctions, our rule, D.C. Bar R. XI, § 11(f)(1), essentially provides that where, as here, there is no timely opposition to the discipline recommended by the Board, then the court will follow the recommendation. Thus, our deferential standard of review becomes more deferential.
See In re Goldsborough,
Accordingly, we adopt the recommendation of public censure in Docket No. 414-92, and respondent is hereby publicly censured. We adopt the recommendation to dismiss Docket No. 374-92. Lastly, we defer action on Docket No. 185-94.
So ordered.
Notes
. Bar Counsel also filed two other petitions against respondent. One petition involved matters originating in this jurisdiction (Docket No. 185-94); the other involved a reciprocal discipline proceeding (Docket No. 374-92). The Board recommends that we dismiss the former and defer action pending a revised recommendation as to the latter. We adopt those recommendations.
. Due to a transcription error, portions of the July 14, 1994 transcript have been lost.
. Respondent’s assertion that he was unaware of an existing warrant for his client does not enhance his defense against an allegation of neglect.
