D.C. Adopts Disciplinary Guidelines For Negotiating Criminal Conduct Matters

December 22, 2010, 5:00 AM UTC

Lawyers convicted of crimes may forgo a contested discipline hearing and reach a stipulated agreement provided that bar counsel determines, by following prescribed investigatory guidelines, that the crime did not involve moral turpitude, the District of Columbia Court of Appeals ruled Dec. 9 in a case of first impression (In re Rigas).

In an opinion by Judge Kathryn Oberly, the court reasoned that allowing negotiation of discipline even when the lawyer has been found guilty of criminal misconduct—except for conduct evincing moral turpitude that may warrant disbarment—balances the lawyer’s right to waive a disciplinary hearing against the court’s ...

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