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United States Court Cases

District Of Columbia Court Of Appeals Record

IN RE: HOWARD D. DEINER

Case Information: 10-BG-1101
Short Caption:IN RE: HOWARD D. DEINERClassification:Bar Governance - Bar - Disciplinary Miscellaneous
Superior Court or Agency Case Number:BDN133-06, ET ALFiled Date:09/02/2010

Opening Event Date:09/02/2010Case Status:Closed
Record Completed:Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
PetitionerBar CounselN
Wallace E. Shipp NN
Joseph N. BowmanNY
PetitionerBoard on Professional ResponsibilityN
Charles J. WilloughbyNN
RespondentHoward D. Deiner N
Daniel S. SchumackNY

Events
Event DateStatusDescriptionResult
09/02/2010PETITION FOR TEMPORARY SUSPENSION (Bar Counsel on behalf of the Board)
09/03/2010RECEIVED the Office of BAr Counsel a proposed order which was omitted when the petition was filed.
09/13/2010RESPONDENT'S OPPOSITION to petition for temporary suspension.
09/16/2010PETITIONER'S OPPOSITION (Bar Counsel) on behalf of the Board, to respondent's opposition to petition for temporary suspension.
09/20/2010RECEIVED respondent's corrective supplement to opposition to petition for temporary suspension
09/22/2010PETITIONER'S ANSWER/RESPONSE to respondent's corrective supplement
09/23/2010RECEIVED respondent's second supplement to his opposition to petition for temporary suspension.
10/01/2010FiledOUTCOME/DISPOSITION - Outcome-Disposition
10/01/2010GRANTED On consideration of the petition of Bar Counsel, on behalf of and at the direction of the Board on Professional Responsibility (the Board), pursuant to D.C. Bar Rule XI, Sec 3 (c), for a temporary suspension of respondent, Howard D. Deiner, a member of the Bar of the District of Columbia; Bar Counsel's verified motion before the Board, with attachments, requesting that the Board petition this Court for an order temporarily suspending respondent; the Board's order directing Bar Counsel to file the petition; the affidavit of the Assistant Bar Counsel; respondent's opposition; Bar Counsel's reply on behalf of the Board on Professional Responsibility, to respondent's opposition to petition for temporary suspension; respondent's corrective supplement to his opposition to petition for temporary suspension; Bar Counsel's response to respondent's corrective supplement to his opposition to petition for temporary suspension; respondent's second supplement to his opposition to petition for temporary suspension; respondent's request that if the Court determines that the legal standard was properly applied below, or if the nature of the alleged harms suffice to support the petition, that the Court require proof of the allegations in the petition in front of a Special Master; and respondent's request that the disciplinary matters be postponed until after the criminal proceedings in Virginia have ended, it is ORDERED that respondent's request that if the court determines that the legal standard was properly applied below, or if the nature of the alleged harms suffice to support the petition, that the court require proof of the allegations in the petition in front of a Special Master is denied. It is FURTHER ORDERED that respondent's request that the disciplinary matters be postponed until after the criminal proceedings in Virginia have ended is denied. It is FURTHER ORDERED that the petition is granted and respondent, Howard D. Deiner, is hereby temporarily suspended from the practice of law in the District of Columbia, effective immediately, on the ground that he appears to pose a substantial threat of serious harm to the public, based upon allegations of serious misconduct, including intentional or reckless misappropriation, dishonesty, neglect, failing to refund unearned legal fees, failure to surrender papers to which his clients are entitled, practicing law while suspended, and conduct seriously interfering with the administration of justicce, and other ethical misconduct; and it is FURTHER ORDERED that respondent Howard D. Deiner is required to disclose to the Board and Bar Counsel within ten (10) days of the date of this order the identity of all accounts where he maintains funds subject to Rule 1.17 (a) of the District of Columbia Rules of Professional Conduct; and it is FURTHER ORDERED that respondent Howard D. Deiner's maintenance and use of such accounts is restricted to the extent that, effective immediately upon service of this order upon Howard D. Deiner, and until further order of the court, he (1) shall comply with the requirements of Rule 1.17 (a); and (2) shall disburse funds subject to the rule only with the prior approval of co-signature of such member of the Bar as the Board may designate to serve as financial monitor; and it is FURTHER ORDERED that Bar Counsel shall serve copies of this order upon respondent, Howard D. Deiner, and upon each financial institution in which he is known or believed to maintain funds subject to Rule 1.17 (a), such order to serve as an injunction barring each financial institution so served from making payments from the account on any obligation except with the prior approval and co-signature of the financial monitor referred to in the preceding paragraph of this order; and it is FURTHER ORDERED that Bar Counsel shall identify a financial monitor to the Board who is available and willing to serve in this matter; and it is FURTHER ORDERED that respondent, Howard D. Deiner, shall comply fully with the provisions of D.C. Bar Rule XI, Sec 3 (c), concerning (1) the acceptance of new cases and other legal matters; and (2) the deposit, in a trust account complying with the provisions of Rule 1.17, and any and all fees tendered at any time after service of this order upon him; and it is FURTHER ORDERED that respondent Howard D. Deiner's attention is drawn to the requirement of D.C. Bar Rule XI, Sec 14, relating to suspended attorneys and to the provisions of D.C. Bar Rule XI, 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. (FI,TH,NW)
10/05/2010LETTER from the Office of Bar Counsel advising the court that Bar Counsel's proposed order had the old Rule 1.17 (a) instead of Rule 1.15 (a)
10/06/2010ORDER (AMENDED) On consideration of the petition of Bar Counsel, on behalf of and at the direction of the Board on Professional Responsibility (the Board), pursuant to D.C. Bar Rule XI, Sec 3 (c), for a temporary suspension of respondent, Howard D. Deiner, a member of the Bar of the District of Columbia; Bar Counsel's verified motion before the Board, with attachments, requesting that the Board petition this Court for an order temporarily suspending respondent; the Board's order directing Bar Counsel to file the petition; the affidavit of the Assistant Bar Counsel; respondent's opposition; Bar Counsel's reply on behalf of the Board on Professional Responsibility, to respondent's opposition to petition for temporary suspension; respondent's corrective supplement to his opposition to petition for temporary suspension; Bar Counsel's response to respondent's corrective supplement to his opposition to petition for temporary suspension; respondent's second supplement to his opposition to petition for temporary suspension; respondent's request that if the court determines that the legal standard was properly applied below, or if the nature of the alleged harms suffice to support the petition, that the Court require proof of the allegations in the petition in front of a Special Master; and respondent's request that the disciplinary matters be postponed until after the criminal proceedings in Virginia have ended, it is ORDERED that respondent's request that if the court determines that the legal standard was properly aoplied below, or if the nature of the alleged harms suffice to support the petition, that the court require proof of the allegations in the petition in front of a Special Master is denied. It is FURTHER ORDERED that respondent's request that the disciplinary matters be postponed until after the criminal proceedings in Virginia have ended is denied. It is FURTHER ORDERED that the petition is granted and respondent, Howard D. Deiner, is hereby temporarily suspended from the practice of law in the District of Columbia, effective immediately, on the ground that he appears to pose a substantial threat of serious harm to the public, based upon allegations of serious misconduct, including intentional or reckless misappropriation, dishonesty, neglect, failing to refund unearned legal fees, failure to surrender papers to which his clients are entitled, practicing law while suspended, and conduct seriously interfering with the administration of justice, and other ethical misconduct; and it is FURTHER ORDERED that respondent Howard D. Deiner is required to disclose to the Board and Bar Counsel within ten (10) days of the date of this order the identity of all accounts where he maintains funds subject to Rule 1.15 (a) of the District of Columbia Rules of Professional Conduct; and it is FURTHER ORDERED that respondent Howard D. Deiner's maintenance and use of such accounts is restricted to the extent that, effective immediately upon service of this order upon Howard D. Deiner, and until further order of the court, he (1) shall comply fully with the requirements of Rule 1.15 (a); and (2) shall disburse funds subject to the rule only with the prior approval and co-signature of such member of the Bar as the Board may designate to serve as financial monitor; and it is FURTHER ORDERED that Bar Counsel shall serve copies of this order upon respondent, Howard D. Deiner, and upon each financial institution in which he is known or believed to maintain funds subject to Rule 1.15(a), such order to serve as an injunction barring each financial institution so served from making payments from the account on any obligation except with the prior approval and co-signature of the financial monitor referred to in the preceding paragraph fo this order; and it is FURTHER ORDERED that Bar Counsel shall identify a financial monitor to the Board who is available and willing to serve in this matter; and it is FURTHER ORDERED that respondent, Howard D. Deiner, shall comply fully with the provisions of D.C. Bar Rule XI, Sec 3 (c), concerning (1) the acceptance of new cases and other legal matters; and (2) the deposit, in a trust account complying with the provisions of Rule 1.15, of any and all fees tendered at any time after service of this order upon him; and it is FURTHER ORDERED that respondent Howard D. Deiner's attention is drawn to the requirement of D.C. Bar Rule XI, Sec 14, relating to suspended attorneys and to the provisions of D.C. Bar Rule XI, 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. (FI,TH,NW)