Narrative Opinion Summary
David Patrick Kardian has been disbarred from practicing law in the District of Columbia, effective retroactively to October 18, 2022. This decision follows a certified order from the state of Maryland disbarring him and is in line with the court's previous suspension order issued on August 23, 2022, which required Kardian to demonstrate why reciprocal discipline should not be enforced. The court granted Disciplinary Counsel's motion to file a late statement regarding reciprocal discipline. A key condition for Kardian's reinstatement in the District of Columbia is that he must first be reinstated by the state of Maryland. The opinion reinforces the principle that identical disciplinary actions are generally presumed unless exceptions are demonstrated, citing relevant case law to support this position.
Legal Issues Addressed
Filing of Late Statementssubscribe to see similar legal issues
Application: The court allowed the Disciplinary Counsel to submit a late statement regarding reciprocal discipline, indicating procedural flexibility in disciplinary matters.
Reasoning: The court granted Disciplinary Counsel's motion to file a late statement regarding reciprocal discipline.
Presumption of Identical Disciplinesubscribe to see similar legal issues
Application: The court presumes that identical discipline is appropriate unless exceptions are demonstrated, aligning with established case law.
Reasoning: The opinion reinforces the principle that identical disciplinary actions are generally presumed unless exceptions are demonstrated, citing relevant case law to support this position.
Reciprocal Disciplinesubscribe to see similar legal issues
Application: The court enforced reciprocal discipline based on the disbarment order from the state of Maryland, requiring identical disciplinary actions in the District of Columbia.
Reasoning: This decision follows a certified order from the state of Maryland disbarring him and is in line with the court's previous suspension order...
Reinstatement Conditionssubscribe to see similar legal issues
Application: Kardian's reinstatement in the District of Columbia is contingent upon his reinstatement in Maryland, establishing a condition precedent for his return to practice.
Reasoning: A key condition for Kardian's reinstatement in the District of Columbia is that he must first be reinstated by the state of Maryland.