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In re Lofchie

Citations: 669 A.2d 136; 1995 D.C. App. LEXIS 258; 1995 WL 770666Docket: No. 94-BG-333

Court: District of Columbia Court of Appeals; December 27, 1995; District Of Columbia; State Supreme Court

Narrative Opinion Summary

The court addressed the issue of reciprocal discipline for an attorney, Judd Matthew Lofchie, who had been suspended by the Illinois Supreme Court for six months due to breaches of fiduciary duties concerning client funds. The D.C. court initially imposed a suspension pending a final decision and required compliance with specific reporting rules. Following Lofchie's reinstatement in Illinois after making restitution, the Board on Professional Responsibility recommended reciprocal discipline. Lofchie did not oppose such action, a standard procedure unless exceptions are present. While D.C. precedent suggests a one-year suspension for similar misconduct, the court determined a six-month suspension was justified in this instance. Lofchie contested the timing of the Board's recommendation, but his argument was dismissed due to noncompliance with necessary affidavits and the dependency of the Board's report on his adherence to procedural requirements. The suspension will begin once Lofchie fulfills the reporting criteria, with the Board responsible for notifying the court should he remain noncompliant.

Legal Issues Addressed

Compliance with Reporting Requirements

Application: The suspension's commencement was linked to Lofchie's compliance with required reporting, emphasizing the procedural adherence necessary for reinstatement.

Reasoning: The six-month suspension will commence after Lofchie complies with the reporting requirements.

Duration of Suspension for Fiduciary Breach

Application: Despite precedents indicating a one-year suspension for similar misconduct, the court decided a six-month suspension was appropriate in this case.

Reasoning: Precedent indicates that a one-year suspension is common for similar misconduct in D.C. However, a six-month suspension is deemed appropriate here.

Reciprocal Discipline in Attorney Misconduct

Application: The D.C. court considered the Illinois Supreme Court's decision to suspend Lofchie for six months and evaluated the standard reciprocal discipline procedures.

Reasoning: The Board on Professional Responsibility recommends reciprocal discipline for Judd Matthew Lofchie, following his six-month suspension by the Illinois Supreme Court, effective January 25, 1994, for breaching fiduciary duties regarding client funds.

Standard for Imposing Reciprocal Discipline

Application: The court examined whether any exceptions to the standard reciprocal discipline applied, ultimately finding none and upholding the six-month suspension.

Reasoning: The Board filed a report supporting reciprocal discipline, noting Lofchie did not contest the appropriateness of such action, which is standard unless specific exceptions apply.

Timeliness of Disciplinary Recommendations

Application: Lofchie's argument regarding the untimely recommendation was dismissed due to his own failure to comply with procedural rules.

Reasoning: Lofchie challenges the timing of the Board's recommendation, claiming it was not made 'promptly' as ordered. However, two factors undermine his argument: he failed to file the required affidavit, and the Board's report was contingent on his compliance with the rules.