In re Robin T. Browder , 115 A.3d 601 ( 2015 )

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DISTRICT OF COLUMBIA COURT OF APPEALS
No. 15-BS-262
IN RE ROBIN T. BROWDER, RESPONDENT.
A Member of the Bar
of the District of Columbia Court of Appeals
(Bar Registration No. 482885)
On Report and Recommendation of Hearing Committee Number Seven
Approving Petition for Negotiated Discipline
(BDN D73-07)
(Decided: June 4, 2015)
Before FISHER and THOMPSON, Associate Judges, and STEADMAN, Senior
Judge.
PER CURIAM: This decision is issued as non-precedential. Please refer to
D.C. Bar R. XI, § 12.1 (d) governing the appropriate citation of this opinion.
In this disciplinary matter, Hearing Committee Number Seven
(“Committee”) recommends approval of an amended petition for negotiated
attorney discipline. The violations stem from respondent Robin T. Browder’s
neglect in eight separate personal injury cases and misrepresentations made to
conceal her neglect that occurred during the years 2005-2007.
2
Based upon the neglect of these eight clients, respondent admittedly violated
six rules of the District of Columbia Rules of Professional Conduct over an
eighteen-month period. As a result, Bar Counsel and respondent negotiated
imposition of discipline in the form of a ninety-day suspension, stayed in favor of
one-year unsupervised probation with conditions including that respondent not be
the subject of another disciplinary action and complete a continuing legal
education course approved by Bar Counsel. If respondent fails to comply with
these and other conditions of her probation, her probation will be revoked, the
ninety-day suspension imposed, and respondent must demonstrate fitness prior to
reinstatement. Bar Counsel filed an amended petition to this effect and the
Committee concluded, after the limited hearing on the petition and an in camera
review of Bar Counsel’s investigative files and records, that respondent violated
the numerous Rules of Professional Conduct identified in the amended petition.
We agree with the Committee’s recommendation because it properly applied
D.C. Bar R. XI, 12.1 (c) to arrive at this conclusion, and we find no error in the
Committee’s determination. Furthermore, the Committee considered the
aggravating factors and mitigating circumstances, including respondent’s multiple
mental and physical stressors that led to major depression and caused her
3
misconduct, respondent taking full responsibility for her actions, the lack of any
prior disciplinary complaints, the short period of time she had been licensed, and
her full cooperation with Bar Counsel. The Committee also considered that, since
the time period in question, respondent has achieved success in a different practice
setting, and has had no difficulties with her job and no further disciplinary
complaints. Based upon the record before the court, the negotiated discipline of a
ninety-day suspension from the practice of law suspended in favor of one-year
unsupervised probation1 is not unduly lenient and is supported by discipline
imposed by this court for similar actions with aggravating circumstances.2
Furthermore, in light of the mitigating factors, we adopt the recommendation that a
fitness requirement be imposed if respondent’s probation is revoked.
1
Respondent is not required to file a D.C. Bar R. XI, § 14 (g) affidavit
because respondent’s suspension is stayed.
2
See In re Chapman, 962 A.2d 922 (D.C. 2009) (summarizing the range of
sanctions previously imposed by this court for attorney neglect cases with
aggravating circumstances).
4
In accordance with our procedures in uncontested disciplinary cases, we
agree this case is appropriate for negotiated discipline, and we accept the
Committee’s recommendation. Accordingly, it is
ORDERED that Robin T. Browder is hereby suspended from the practice of
law in the District of Columbia for the period of ninety days, execution suspended
in favor of one year unsupervised probation on the condition that respondent is not
the subject of another disciplinary complaint resulting in a finding that she violated
disciplinary rules of any jurisdiction where she is licensed; promptly notifies
Bar Counsel of any ethics complaint filed against her and its disposition; notifies
Bar Counsel and the Board on Professional Responsibility, in writing, if and when
she chooses to practice as an attorney representing clients; completes a continuing
legal education course approved by Bar Counsel and provides proof of attendance
within ten days of taking the course. However, if respondent fails to comply with
any of the conditions and her probation is revoked, respondent shall be suspended
for ninety days with the requirement to prove fitness as a condition to her
reinstatement.
So ordered.