Washington Lawyer - November/December 2021 - 47

DISCIPLINARY SUMMARIES
OSI
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plus a requirement that Agwumezie prove his
fitness to practice for violations of Rules 1.5(b),
1.7(b)(4), 1.15(a), 8.1(b), and 8.4(d). Following its
report in In re Mensah, the Board held that the
sanction was not unduly lenient negotiated
discipline despite the presence of reckless misappropriation.
Three Board members, who had
concurred in Mensah, dissented, finding that
the sanction was unduly lenient when applied
to Agwumezie's conduct.
In re Samuel Bailey Jr. Bar No. 384974. July 9,
2021. The Board on Professional Responsi bility
recommended that the D.C. Court of Appeals
suspend Bailey for one year in connection with
his representation of a client in a civil rights
case in the U.S. District Court for the District of
Columbia and a discrimination claim before the
D.C. Office of Human Rights (OHR). Bailey failed
to communicate and respond to the client's
numerous requests for information about the
status of his OHR claim, failed to explain the
scope of his legal services, and failed to explain
the legal fees and costs that the client would
incur. In addition, Bailey charged the client an
unreasonable fee; did not get the client's
informed consent concerning the attorney's
fee-sharing arrangement or the division of
responsibility, and engaged in dishonesty in his
drafting and explanation of his representation
agreement and in his billing for false, erroneous,
and duplicative entries. (Rules 1.4(a), 1.4(b),
1.5(a), 1.5(e), and 8.4(c)).
In re Paul T. Mensah. Bar No. 480889. July 19,
2021. Referred by the D.C. Court of Appeals to
address the question of the appropriateness of
the recommended sanction in light of the
court's precedent in cases involving reckless
misappropriation, the Board on Professional
Responsibility recommended that the court
approve the sanction of a three-year suspension
plus a requirement that the respondent
prove fitness to practice before being readmitted
for violations of Rules 1.5(e) and 1.15(a).
The Board held that the sanction was not
unduly lenient negotiated discipline in cases of
reckless misappropriation. Three members of
the Board concurred in the recommendation,
finding that the sanction was justified and not
unduly lenient on the facts of Mensah, but
objecting to the majority's conclusion that such
a sanction would be appropriate generally as
negotiated discipline for reckless misappropriation
cases.
In re William D. Outman II. Bar No. 9670.
June 17, 2021. The Board on Professional
Responsibility recommended that the D.C.
Court of Appeals disbar Outman by consent.
In re John E. Rosenbaum. Bar No. 457617. July 15,
2021. The Board on Professional responsibility
recommended that the D.C. Court of Appeals
disbar Rosenbaum for intentional misappropriation
with reinstatement conditioned upon restitution.
This matter arises from Rosenbaum's
role as a fiduciary to the estate of a Pennsylvania
resident who died intestate, in which he
assisted a friend, who served as special counsel
to the estate, with distributing funds to heirs in
France. Rosenbaum violated Pennsylvania Rules
of Professional Conduct 1.5(a), 1.15(b), 1.15(e),
8.4(a), 8.4(b), 8.4(c), and 8.4(d) concerning excessive
fees; commingling and intentional misappropriation;
failure to promptly deliver funds
and provide accounting; assisting another to
violate Rules; committing a crime; dishonesty,
fraud, deceit, and misrepresentation; and
conduct prejudicial to the administration of
justice.
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The Office of Disciplinary Counsel compiled
the foregoing summaries of disciplinary actions.
Informal Admonitions issued by Disciplinary
Counsel and Reports and Recommendations
issued by the Board on Professional Responsi-bility
are posted at www.dcattorneydiscipline.org. Most
board recommendations as to discipline are not
final until considered by the court. Court opinions
are printed in the Atlantic Reporter and also are
available online for decisions issued since August
1998. To obtain a copy of a recent slip opinion,
visit www.dccourts.gov/court-of-appeals/opinionsmemorandum-of-judgments.
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NOVEMBER/DECEMBER 2021
* WASHINGTON LAWYER 47
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Washington Lawyer - November/December 2021

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