IN RE: NEAL J. BERGER

Case Information: 97-BG-1979
Short Caption:	IN RE: NEAL J. BERGER	Classification:	Bar Governance - Bar - Disciplinary
Lead:	97-BG-1979	Consolidated:	97-BG-1980
Superior Court or Agency Case Number:	BDN510-97	Filed Date:	12/19/1997
Opening Event Date:	12/19/1997	Case Status:	Closed
Record Completed:		Post-Decision Matter Pending:
Briefs Completed:	12/09/1998
Argued/Submitted:	06/24/1999
Disposition:		Next Scheduled Action:
Mandate Issued:

Events
Event Date	Status	Description	Result
12/19/1997		DISCIPLINARY LETTER from the Office of Bar Counsel with a certified copy of an order of the Supreme Court of New Jersey, suspending the above-named attorney for two years and until further court order.
01/07/1998		ORDER It appearing that the court has received a certified copy of an order of the Supreme Court of New Jersey suspending respondent for two years and until further court order, 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 of 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 instead 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. Bar 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 New Jersey 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)
07/24/1998		REPORT AND RECOMMENDATION OF BOARD ON PROF. RESP. that the two year suspension run nunc pro tunc to November 12, 1997, the effective date of respondent's suspension in New Jersey.
08/05/1998		LETTER from the Office of Bar Counsel noting its exception to the report & recommendation.
08/10/1998		PETITIONER'S MOTION FOR LEAVE TO FILE BRIEF (BPR)
08/19/1998		ORDER On consideration of the exceptions of Bar Counsel filed in response to the Board on Professional Responsibility's report and recommendation filed on July 24, 1998, and the motion of the Board on Professional Responsibility for leave to file brief, it is ORDERED that the Board on Professional Responsibility's motion for leave to file brief is granted. It is FURTHER ORDERED that the brief of Bar Counsel shall be filed within 40 days from the date of this order and the Board on Professional Responsibility and respondent may file a brief within 30 days thereafter. (GP)
08/21/1998		LETTER from the Office of Bar Counsel with a certified copy of an order of the Supreme Court, Appellate Division, Third Judicial Department of the State of New York suspending respondent for two years until further Court order.
08/31/1998		LETTER from the Office of Bar Counsel with a certified copy of an order of the Supreme Court of the State of New York, Appellate Division, Third Judicial Department, suspending the above- named attorney for two years and until further order of the court.
09/23/1998		PETITIONER'S BRIEF (Bar Counsel)
09/23/1998		PETITIONER'S MISCELLANEOUS PROCEDURAL MOTION (Bar Counsel) to consolidate this appeal with 97-BG-1980.
09/29/1998		LETTER from Bar Counsel to respondent with a copy of the motion to consolidate with 97-BG-1980 which was inadvertently mailed to a prior business address.
09/30/1998		PETITIONER'S ANSWER/RESPONSE (the Board) to motion of Bar Counsel to consolidate for oral argument.
10/20/1998		ORDER On consideration of the motion of Bar Counsel to consolidate case nos. 97-BG-1979 and 97-BG-1980 for oral argument, the response of the Board on Professional Responsibility thereto, it is ORDERED that Bar Counsel's motion is granted and case nos. 97-BG-1979 and 97-BG-1980 are consolidated for oral argument. (By SC, RZ, PY)
10/23/1998		PETITIONER'S MOTION TO EXTEND TIME TO FILE BRIEF (BPR) to November 23, 1998 (no oppo).
10/27/1998		PETITIONER'S MOTION TO EXTEND TIME TO FILE BRIEF to November 23, 1998 (no oppo).
10/28/1998		ORDER On consideration of the consent motion of the Board on Professional Responsibility for an extension of time in which to file brief, it is ORDERED that the motion is granted and the Board on Professional Responsibility's brief shall be filed on or before November 23, 1998. (GP)
11/23/1998		PETITIONER'S BRIEF (BPR)
11/23/1998		PETITIONER'S MOTION TO EXTEND TIME TO FILE BRIEF (BPR) in 97-BG-1980 to December 7, 1998 (no oppo).
11/24/1998		PTNR MOTION FOR LV TO FILE AMENDED/CORRECTED BRIEF(BPR).
11/24/1998		RECEIVED BPR's corrected brief.
11/25/1998		ORDER On consideration of the consent motion of the Board on Professional Responsibility for an extension of time in which to file brief as to Frank A.K. Awuah, it is ORDERED that the motion is granted and the Board on Professional Responsibility's brief shall be filed on or before December 7, 1998. (GP)
12/02/1998		PETITIONER'S REPLY BRIEF (Bar Counsel)
12/07/1998		PETITIONER'S BRIEF as to Frank A.K. Awuah (Board on Professional Responsibility.
12/08/1998		ORDER On consideration of the motion of the Board on Professional Responsibility for leave to file the lodged corrected brief as to Neal J. Berger, and there appearing to be no opposition thereto, it is ORDERED that the motion is granted and the lodged brief is filed. (GP)
12/08/1998		PETITIONER'S BRIEF as to Neal Berger (Board on Professional Responsibility)
12/09/1998		BRIEFS COMPLETED
12/09/1998		FINAL SCREENING - REGULAR CALENDAR
12/09/1998		LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
12/09/1998		LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
12/09/1998		LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
12/11/1998		LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (BPR)
12/17/1998		LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (BC)
12/22/1998		PETITIONER'S REPLY BRIEF in Frank A.K. Awuah (Bar Counsel)
04/30/1999		CALENDAR NOTICE SENT
06/17/1999		LETTER from Bar Counsel re: New Jersey Rule 1:20-21, procedures for reinstatement to the New Jersey Bar.
06/24/1999	Filed	ACTION - Argued / Submitted
06/24/1999		ARGUED (SC,FA,RU) Michael S. Frisch, Esq., for appellant. Elizabeth J. Branda, Esq., for appellee.
09/16/1999		SUSPENSION We impose the identical sanction of sixty-day and two-year suspensions imposed by Maryland on Awuah and by New Jersey on Berger, respectively, with the requirements that both respondent prove their fitness to return to the practice of law upon the completion of their suspensions.