Legal Opinion · Concurrence

In Re Bach

District of Columbia Court of Appeals

Decided February 26, 2009No. 07-BG-1389Published

1ConcurrenceFerren, Senior Judge

I join in the Board’s recommendation and the court’s opinion ordering disbarment, but only because, as Judge Farrell makes clear, our en banc opinion in Addams, 1 decided almost two decades ago, forces that result. But for Addams’ virtually per se rule requiring disbarment in all cases of intentional misappropriation of client funds, that remedy may be too severe on the facts here. Mitigating factors, when compared with factors in aggravation, may suggest that respondent deserves no more that a suspension of some sort.2 For the reasons that follow, therefore, I urge the full court to revisit…

2Cases cited27 opinions

  1. Matter of AddamsDistrict of Columbia Court of Appeals · 1990
  2. United States v. Mark JessupCourt of Appeals for the First Circuit · 1985
  3. In Re RebackDistrict of Columbia Court of Appeals · 1986
  4. Matter of ColsonDistrict of Columbia Court of Appeals · 1979
  5. In Re KerseyDistrict of Columbia Court of Appeals · 1987

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