In re Brent ( 2024 )

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DISTRICT OF COLUMBIA COURT OF APPEALS
No. 23-BG-0764
IN RE DUNCAN K. BRENT
DDN: 2023-D016
A Suspended Member of the Bar of the
District of Columbia Court of Appeals
Bar Registration No. 445234BEFORE: Deahl and Shanker, Associate Judges, and Fisher, Senior Judge.
ORDER
(FILED— February 1, 2024)
On consideration of the certified order from the state of Virginia suspending
respondent from the practice of law for one-year and one-day with terms by consent;
this court’s December 7, 2023, order maintaining respondent’s interim suspension
and directing him to show cause why reciprocal discipline should not be imposed;
the statement of Disciplinary Counsel requesting the imposition of substantially
different discipline in the form of a one-year and one-day suspension with a fitness
requirement and that the court require reinstatement in Virginia prior to seeking
reinstatement in this jurisdiction; and it appearing that respondent has not filed a
response to either the court’s order to show cause or Disciplinary Counsel’s
statement or filed his D.C. Bar R. XI, § 14(g) affidavit, it is
ORDERED that we impose substantially different reciprocal discipline and
Duncan K. Brent is hereby suspended from the practice of law in the District of
Columbia for one-year and one-day with reinstatement conditioned upon a showing
of fitness and his reinstatement in Virginia. Disciplinary Counsel has established by
clear and convincing evidence that the facts accepted by Virginia would result in a
substantially different discipline in this jurisdiction. See In re Jacoby, 945 A.2d
1193, 1199-1200 (D.C. 2008) (describing the two-step inquiry for concluding
whether the “substantially different discipline” exception applies as determining
whether the misconduct would have resulted in the same punishment and if the
No. 23-BG-0764
discipline would be different, whether the difference is “substantial”). Respondent
admitted to neglecting a legal matter resulting in the client’s claims being dismissed
with prejudice and then failing to communicate with the client, failing to honor a
medical provider’s lien in several client matters, and refusing to cooperate with
Virginia Bar Counsel. In a separate matter, respondent admitted to refusing to
cooperate with the Virginia disciplinary investigations and has yet to comply with
an outstanding subpoena in that matter. In this jurisdiction, repeated failure to
cooperate with disciplinary investigations would require a showing of fitness prior
to reinstatement. See In re Cater, 887 A.2d 1, 25-26 (D.C. 2005) (adopting a three-
part test for determining whether to impose a fitness requirement when an attorney
has failed to cooperate in a disciplinary investigation). Therefore, we find that
Disciplinary Counsel has met the requirement of D.C. Bar R. XI, § 11(c)(4). In re
Burton, 236 A.3d 372, 373 (D.C. 2020) (imposing an additional fitness requirement
as substantially different discipline in a Virginia reciprocal matter involving client
neglect, dishonesty, and failure to cooperate with the disciplinary investigation). It
is
FURTHER ORDERED that, for purposes of reinstatement, Mr. Brent’s
suspension will not begin to run until such time as he files an affidavit that fully
complies with the requirements of D.C. Bar R. XI, § 14(g).
PER CURIAM