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District of Columbia Audition Board No. Six has issued a address in a case that began in 2009 and was heard in 2015. 



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This circumscribed case arises out of two abstracted antidotal affairs involving Respondent Scott Adkins. The aboriginal amount (Bar Docket No. 2009-D362) arises out of Respondent’s declared bribery on his 2006 D.C. Bar appliance and the 2008 Added Questionnaire he completed above-mentioned to demography the adjuration of admission. Antidotal Counsel declared that Respondent bootless to absolutely acknowledge and/or bootless to amend advice apropos to his bookish discipline, civilian accomplishments in which he was involved, his bent history, antidotal history, appliance history and accomplished due debts.  The added amount (Bar Docket No. 2013- D117) is a three-count Specification arising out of Respondent’s declared hit and-run while active beneath the access in Florida in 2009. Respondent was answerable by the Florida authorities with assorted violations of Florida law and pleaded accusable to adventuresome active (in abuse of Fla. Stat. §316.1925(1)) and declining to stop and abide at the arena of an blow (in abuse of Fla. Stat. §316.027(2)(a)). In particular, Antidotal Counsel alleges that, during the antidotal investigation, Respondent beatific an email to Antidotal Counsel that independent misrepresentations about the incident.

The advocate is additionally accepted in Delaware and California and has (or had) an appliance for acceptance in Florida. 



The hearing

Hearing Board Six (Andrea L. Berlowe, Esquire, Chair; Sara K. Blumenthal, Public Member; and, Dwaune L. Dupree, Esquire, Advocate Member) captivated an evidentiary audition on July 6-8, 2015

Findings

the Audition Board finds bright and acceptable affirmation of violations of Rules 8.1(a), 8.1(b), 8.4(b), 8.4(c), and 8.4(d) answerable by Antidotal Counsel. Upon assay of aggravating and mitigating factors, however, the Audition Board recommends that Respondent be abeyant for three years with a fettle requirement.

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Disciplinary Counsel approved disbarment.

His acknowledgment to the catechism of abortion from above-mentioned employment

Respondent accurately responded “yes” to Catechism 8, and declared that he had been concluded from his position at Lerach Coughlin in March 2005. In accomplishing so, Respondent declared that a “profound aberration of philosophies led to [a] rift, and ultimately, [his] termination” from that position. Id. However, in his June 2009 appliance for acceptance to the Florida Bar (the “FLA Application,” discussed in ¶ 70, below), Respondent declared that he was “terminated afterwards missing the added day of the February 2005 Bar Exam . . ..” Additionally, afore actuality accepted to the D.C. Bar, Respondent did not adapted amend his D.C. Appliance to reflect that he had been concluded or abeyant from three added employers. 

As to complaints adjoin him

At the time he submitted his D.C. Application, Respondent accurately answered “No.” Id. But, while his D.C. Appliance was pending, he bootless to amend the COA apropos an analysis by the DE ODC into his November 2006 arrest for the bent abomination cartage offenses of Active While Beneath the Access (DUI) and Adventuresome Active (the “First DUI Incident”). 

He bootless to acknowledge bristles civilian accomplishments and a cardinal of debts.

He was accepted afterwards a alternation of added disclosures

on April 14, 2008, Respondent took the adjuration of acceptance to become a affiliate of the D.C. Bar and submitted his Added Questionnaire to the COA afterwards advice his bent abomination aesthetics of DUI and adventuresome driving.

He again approved acceptance in Florida.

As allotment of D.C. acceptance action one is answerable to appear an all-day address event

In aboriginal August 2009, Respondent abounding a binding Antidotal Counsel address on acknowledged belief in Washington, D.C. Respondent testified at the audition that, during the lecture, he accomplished he had bootless to address the Aboriginal DUI Adventure and the afterwards [Delaware Office of Antidotal Counsel hereinafter] DE ODC analysis to the [District of Columbia Board on Admissions hereinafter] COA, as required.

Thus, on August 14, 2009, Respondent wrote a letter to Antidotal Counsel in which he appear his abortion to acknowledge the Aboriginal DUI Adventure and the afterwards DE ODC analysis (the “First Self-Report”).  Respondent additionally abreast the Delaware Bar of his Aboriginal DUI Adventure about that time.

Glad those talks are acceptable for article but

On the atramentous of December 5, 2009, Respondent “relapsed” and chock-full at a bar called Jester’s abreast Pompano Beach, Florida. (“self-medicated”). Respondent testified that he was bubbler at Jester’s for “at atomic like two hours, maybe more.” (describing Jester’s as “the gin comminute I was at”)…

While active his car, a white 2006 Chrysler 300 sedan, Respondent rear-ended addition vehicle, a atramentous Mercedes.

As a result

On June 17, 2011, Respondent pleaded no claiming to, and was adjudicated accusable of, adventuresome active and declining to stop and abide at the arena of an accident.

In Delaware

On June 5, 2013, afterwards administering an analysis into the Added DUI Incident,  DE  ODC  bent that there was apparent account that Respondent abandoned assertive Delaware Lawyers’ Rules of Able Conduct. Instead of filing a address with the Delaware Board of Able Responsibility, however,  DE ODC recommended that Respondent acquire the sanction of a clandestine admonition and acquittal with conditions, including accidental urinalysis tests (the “2013 Delaware Sanction”). 

He fabricated apocryphal statements to D.C. ODC in advertisement on the incident

Respondent’s e-mail falsely declared that, above-mentioned to the collision, there “were no cars to my front,” but again “all of a sudden, in my biking lane, a atramentous Mercedes that was chock-full in the biking lane with no lights on hit her brakes.”  Respondent’s representations were inconsistent with the blow report, and abandoned the cogent abomination he accomplished at the time from his burning of booze and his abortion to abrasion eyeglasses or antidotal lenses back the blow occurred. 

Respondent additionally falsely represented to Antidotal Counsel that, afterwards the collision, he was assaulted by a adolescent man who threw an article at his car, causing cogent abrasion to Respondent and putting him in abhorrence for his safety…

Respondent additionally falsely represented to Antidotal Counsel that he “chose” to leave the arena of the blow in adjustment to “go to the abutting badge station,” to address the advance purportedly committed by the commuter of the atramentous Mercedes, but he was pulled over by the badge on his “way to the abutting badge station.” Respondent again these statements in the Delaware proceeding, (“That’s why I larboard the scene”), and in his affidavit afore the Audition Committee. 

To top it off

In sum, Respondent’s affidavit surrounding the Added DUI Adventure was not aboveboard and, ultimately, whether he candidly anecdotal the facts or not is extraneous to the catechism of whether he bootless to acknowledge the adventure to the COA above-mentioned to demography the adjuration of admission, as adapted by the Added Questionnaire and his continuing assignment to supplement his D.C. Application. His affidavit about the adventure additionally never revealed, and is not accordant to, whether, afterward admission, he abandoned his assignment to acknowledge the Added DUI Adventure to the D.C. Court of Appeals, as adapted by D.C. Bar R. XI, §10.

The board begin that the delinquency was knowing, abnegation his affirmation of negligence.

As to delay

Respondent argues he was clumsy to abide favorable affirmation and affidavit apropos his arrest and confidence for the Added DUI Adventure that he ability accept submitted had Antidotal Counsel confused with greater alertness to accompany accuse adjoin him stemming from that incident. Specifically, Respondent claims that his now-deceased advocate had affirmation acknowledging his adaptation of events, but, due to Antidotal Counsel’s multi-year adjournment in bringing charges, that affirmation “disappeared back [his attorney] anesthetized away.” Respondent additionally asserts that his now-deceased mother could accept accurate his adaptation of contest because, admitting she was not present during the collision, she saw, amid added things, the accident to his car afterwards. Considering all the affirmation presented and the applicative law, the Audition Board rejects Respondent’s allegations.

As to sanction

Here, Respondent’s delinquency entails far added than abbreviating accessory facts from his D.C. Application. Respondent’s omissions accommodate declining to disclose: civilian accomplishments to which he was a party, including those in which he was the plaintiff; a antidotal analysis by the Delaware Bar; several contributed debts; able appliance from which he was terminated, at atomic one of which was for apocryphal and ambiguous conduct; and a bent arrest and conviction. Consequently, his conduct warrants a added austere sanction than alone a abrupt abeyance with a fettle requirement…

Respondent generally was belligerent against Antidotal Counsel and appeared to accept adversity authoritative his atmosphere during the hearing. The Audition Board had to arbitrate back he frequently veered from accordant altercation topics.

Alcoholism did not account the delinquency according to the board majority.

Ultimately

we acclaim that Respondent be abeyant for a aeon of three years for his accepted artifice in the admissions action and his apocryphal affidavit afore this Audition Committee. Although it is a abutting question, we do not acquisition by bright and acceptable affirmation that Respondent affianced in “flagrant dishonesty” warranting disbarment.

Disciplinary Counsel may able-bodied claiming that cessation on appeal.

Respondent may able-bodied attending to the adjournment in arising this address as an affair and will be aghast to apprentice that such adjournment is all too common. 

A acknowledging assessment of advocate affiliate Dwaune Dupree

I accede in the recommended sanction included in the Recommendation of Audition Board Cardinal Six (the “Report”), and address alone for two above reasons. First, I accept that the Address fails to contextualize assertive facts apropos to Respondent’s behavior, and does not appropriately counterbalance either Respondent’s addiction or his cocky advertisement as mitigating evidence. Afterwards accouterment the adapted context, I am anxious that the Audition Committee’s recommended sanction appears disproportionately lenient. Considering the facts in ablaze of the allegorical altercation below, I acquisition that the recommended sanction is not disproportionately lenient. Second, I address to highlight the important action implications of this case. While the Board on Able Responsibility and District of Columbia Court of Appeals ultimately are amenable for authoritative action decisions, I accept that the District of Columbia should accept a action that encourages attorneys to voluntarily address their misconduct…

The almanac shows that Respondent’s addiction was so austere that, for several years, he could almost authority a job, had astringent banking problems, and it resulted in him actuality arrested for a abomination crime. Based on this, I acquisition it absolutely aboveboard that Respondent would not be decidedly focused on afterlight assorted changes to his Bar application, including his failures to acknowledge added lawsuits, added accomplished due debts, and his terminations from three employers. While Respondent acutely had a assignment to amend his application, I accept that the austere challenges that he faced during that time accommodate some acknowledgment of his abortion to do so.

The accedence is account a read. 

In re Scott Adkins can be accessed here.

Citations to almanac bare throughout. (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2019/02/district-of-columbia-hearing-committee-no-six-this-consolidated-case-arises-out-of-two-separate-disciplinary-matters-involv.html

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