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United States Court Cases

District Of Columbia Court Of Appeals Record

IN RE: SHMUEL B. KLEIN

Case Information: 97-BG-1362
Short Caption:IN RE: SHMUEL B. KLEINClassification:Bar Governance - Bar - Disciplinary
Superior Court or Agency Case Number:Filed Date:08/20/1997

Opening Event Date:08/20/1997Case Status:Closed
Record Completed:Post-Decision Matter Pending:
Briefs Completed:06/09/1998
Argued/Submitted:01/05/1999
Disposition:Next Scheduled Action:
Mandate Issued:

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
PetitionerBar CounselN
Michael S. Frisch YN
Wallace E. Shipp NN
PetitionerBoard on Professional ResponsibilityN
Karen K. Christensen NN
RespondentShmuel B. Klein NPro SeN

Events
Event DateStatusDescriptionResult
08/20/1997DISCIPLINARY LETTER from the letter of Bar Counsel with a certified copy of an order of the Supreme Court of the State of New York, Appellate Division, Second Judicial Department, suspending the license of the above-named attorney for five years.
09/04/1997ORDER It appearing that the Court has received a certified copy of an order of the Supreme Court of the State of New York, Appellate Division, Second Judicial Department, suspending respondent for five years, it is accordingly, pursuant to Rule XI, Sec 11 (d) of the Rules Governing the Bar of the District of Columbia, ORDERED that respondent is suspended from the practice of law in the District of Columbia pending final disposition of this proceeding, and it is FURTHER ORDERED that Bar Counsel inform the Board on Professional Responsibility of his position regarding reciprocal discipline within 30 days of the date of this order. Thereafter, respondent shall show cause before the Board on Professional Responsibility, if cause there be, within 10 days why identical, greater or lesser discipline should not be imposed in the District of Columbia. It is FURTHER ORDERED that the Board on Professional Responsibility is directed to recommend promptly thereafter to this court whether identical, greater or lesser discipline should be imposed as reciprocal discipline or whether the Board intead elects to proceed de novo pursuant to Rule XI, Sec 11. It is FURTHER ORDERED that respondent's attention is drawn to the requirement of D.C. App. Rule XI, Sec 14 relating to suspended attorneys and to the provisions of Sec 16 (c) dealing with the timing of eligibility for reinstatement as related to compliance with Sec 14, including the filing of the required affidavit. It is FURTHER ORDERED that the Clerk shall cause a copy of this order and the order of the Supreme Court of the State of New York, Appellate Division, Second Judicial Department to be directed to the Chair of the Board on Professional Responsibility and transmitted to the respondent. It is FURTHER ORDERED that Bar Counsel advise the Court if the matter is concluded without the necessity of further Court action. (AMW)
03/04/1998REPORT AND RECOMMENDATION OF BOARD ON PROF. RESP. that the court order identical discipline: that respondent be suspended from the practice of law for a period of five years with the require- ment that he must be required to demonstrate fit- ness prior to reinstatement. The effective date of respondent's suspension should run from the filing of the affidavit required by Rule XI, SS 14(g).
03/09/1998LETTER from the Office of Bar Counsel taking no exception to the Report & Recommendation.
03/24/1998RESPONDENT'S EXCEPTIONS
03/30/1998ORDER On consideration of the exceptions of respondent filed in response to the Board on Professional Responsibility's report and recommendation filed on March 4, 1998, it is ORDERED that the brief of respondent shall be filed within 40 days from the date of this order and the brief of Bar Counsel shall be filed within 30 days thereafter. (GP)
05/11/1998RESPONDENT'S BRIEF w/appendix
06/02/1998PETITIONER'S MISCELLANEOUS PROCEDURAL MOTION for leave to supplement the record.
06/09/1998PETITIONER'S BRIEF (BC)
06/09/1998BRIEFS COMPLETED
06/15/1998FINAL SCREENING - REGULAR CALENDAR
06/18/1998LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
06/19/1998RESPONDENT'S REPLY BRIEF
06/19/1998RECEIVED respondent's opposition to Bar Counsel's motion to supplement the record. Respondent's motion improperly filed. Opposition is late and need a motion for leave.
06/25/1998LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (Office of Bar Counsel)
06/26/1998ORDER On consideration of Bar Counsel's motion for leave to supplement the record, and respondent's opposition thereto, and it appearing that this proceeding is pending calendaring on the regular calendar, it is ORDERED that Bar Counsel's motion to supplement the record and respondent's opposition thereto, shall be referred to the merits division assigned to consider this appeal upon calendaring. (AMW)
07/02/1998LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING respondent's.
12/02/1998CALENDAR NOTICE SENT
01/05/1999FiledACTION - Argued / Submitted
01/05/1999ARGUED (ST,SC,KG) Shumuel B. Klein, Esquire, for appellant. Michael Frisch, Esquire, for appellee.
01/06/1999ORDER On consideration of the briefs and oral argument in this case, the motion of Bar Counsel to supplement the record and the opposition thereto, and the proposal of respondent at oral argument that further consideration of this matter be stayed pending the outcome of the appeal to the United States Court of Appeals for the Second Circuit of the decision submitted by Bar Counsel as a supplement to the record. It is ORDERED that the motion to supplement the record is granted. (By ST, SC, KG)
01/06/1999ORDER GRANT RESP MOTION TO HOLD CASE IN ABEYANCE pending the outcome of such appeal, and it is further ORDERED that respondent and Bar Counsel shall each promptly apprise the court of the outcome of proceedings in the referenced pending appeal before the Second Circuit, and it is further ORDERED that all prior orders of this court in this matter shall remain in full force and effect. (By ST, SC, KG)
01/20/1999LETTER from respondent with attached affirmation pursuant to Section 16.
01/22/1999LETTER from the Office of Bar Counsel: They are satisfied with respondent's affidavit of 1/11/99.
09/14/1999LETTER from the Office of Bar Counsel with a copy of the order of the United States Court of Appeals for the Second Circuit affirming the order of the District Court in the bankruptcy appeal.
09/21/1999RECEIVED from respondent a copy of a motion for rehearing filed by respondent in the United States Court of Appeals for the Second Circuit. Respondent is appealing the September 7, 1999,decision of the United States Court of Appeals for the Second Circuit.
10/05/1999PETITIONER'S MISCELLANEOUS PROCEDURAL MOTION to supplement the record.
10/18/1999RESPONDENT'S OPPOSITION to Bar Counsel's motion to supplement the record.
10/22/1999ORDER On consideration of the motion of Bar Counsel for leave to supplement the record with the Memorandum Decision and Order of the United States District Court for the Southern District of New York in no. 98 Civ. 4347, a copy of which is lodged with the motion, and the opposition thereto, it is ORDERED that the motion is granted and the record of appeal is supplemented with the above-referenced order. (By ST, SC, KG)
01/11/2000PETITIONER'S MISCELLANEOUS PROCEDURAL MOTION to supplement the record.
01/31/2000On consideration of fpetitioner's motion for leave to supplement the record with the December 8, 1999, Order of the United States Court of Appeals for the Second Circuit, a copy of which is lodged with the motion, and there appearing to be no opposition thereto, it is ORDERED that the motion is granted, and the record on appeal is supplemented with the above referred order. It is (MORE)
01/31/2000SUPPLEMENTAL RECORD# 1 Order of the United States Court of Appeals for the Second Circuit dated December 8, 1999. ta
01/31/2000F/ORDERED that the stay of further consideration of this matter contained in our order of January 6, 1999, is hereby vacated and the matter deemed submitted for disposition by this court. It is (MORE)
01/31/2000PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
01/31/2000F/ORDERED that except as herein expressly modified, all prior orderes of this court in this matter shall remain in full force and effect. (BY: ST, SC AND KG)
03/23/2000SUSPENSION ORDERED that respondent Shmuel B. Klein be, and he hereby is, suspended from the practice of law in the District of Columbia for a period of five years, imposed nunc pro tunc to January 11, 1999, the date on which respondent fully complied with D.C. Bar Rule XI, Sec 14, and is required to demonstrate fitness prior to reinstatement pursuant to D.C. Bar R. XI, Sec 16. (By ST, SC, KG)