Before us is a reciprocal discipline case. By order dated July 30, 1985, respondent was suspended in Virginia for seven years from the practice of law for repeated personal use of a client’s trust fund. Acting under our provision for reciprocal discipline, D.C. Bar R. XI, § 18, the Board on Professional Responsibility recommends that we impose an identical sanction, to run concurrently with his Virginia suspension. Respondent does not contest the recommendation.
This could have been a troublesome case. When we are imposing reciprocal discipline in its pure form, this court is required to impose “identical discipline” to that imposed by the other disciplining state. D.C. Bar R. XI, § 18(5);
In re Brickle,
However, under our rules, we are not to impose “identical discipline” where we find that clearly “the misconduct established
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warrants substantially different discipline in this jurisdiction.” D.C. Bar R. XI, § 18(5)(d). This provision may be invoked where the foreign sanction, whatever its form, is effectively either significantly heavier or lighter than that which we would impose for the same misconduct.
See, e.g., In re Brickie, supra
(intentional misappropriation of funds would result in disbarment in D.C. for minimum of five years; Virginia sanction of revocation, with right to apply for reinstatement at any time “substantially different” and therefore rejected). Thus, in the case before us, Virginia imposed a seven-year suspension upon respondent. Our disciplinary system has no provision for a seven-year suspension. On the contrary, in this jurisdiction no suspension may be ordered for a specific period in excess of five years. D.C. Bar. R. XI, § 3(2). Furthermore, even with disbar-ments, an attorney may apply for reinstatement after five years,
id.
§ 21(2), unless disbarred for conviction of an offense involving moral turpitude.
In re Kerr,
Therefore, we might here have been faced squarely with the issue whether a seven-year suspension is “substantially different” from a five-year disbarment. The Board concluded that the two sanctions were not “substantially different” within the meaning of D.C. Bar. R. XI, § 18(5)(d), a proposition with which we might have taken issue. However, since respondent has filed an affidavit certifying that he has not practiced law within the District of Columbia subsequent to the Virginia suspension, the Board has recommended that the D.C. sanction run concurrently
nunc pro tunc
with the Virginia suspension, which commenced on or prior to July 30, 1985.
1
See In re Goldberg,
A seven-year suspension at this time with retroactive application of almost two years is in practice close to a five-year suspension imposed with prospective effect only, which we could plainly do under our own disciplinary scheme.
See In re Willcher,
ORDERED that respondent Bradley R. Coury is suspended from the practice of law in the District of Columbia for seven years, commencing nunc pro tunc on July 30, 1985.
So ordered.
Notes
. Some ambiguity exists as to the precise commencement date of the Virginia suspension. The court order imposing the suspension is dated July 30, 1985. However, its provisions state that the license of Bradley R. Coury to practice law is "suspended for a period of seven years, effective May 17, 1985.” At another point in the order, it is provided that the "execution of the seven-year suspension shall be stayed for a period of thirty (30) days, beginning May 17, 1985.” To avoid any ambiguity in our order, we will provide that the seven-year suspension in the District will be measured from July 30, 1985.