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DISTRICT OF COLUMBIA COURT OF APPEALS
No. 23-BG-0349
IN RE RICHARD J. TAPPAN, RESPONDENT.
A Member of the Bar of the District of Columbia Court of Appeals
(Bar Registration No. 499813)
On Report and Recommendation of the Board on Professional
Responsibility Ad Hoc Hearing Committee
Approving Petition for Negotiated Discipline
(BDN: 22-ND-005; DDN: 2019-D130)
(Decided May 25, 2023)
Before BECKWITH, EASTERLY, and MCLEESE, Associate Judges.
PER CURIAM: This decision is non-precedential. Please refer to D.C. Bar R.
XI, § 12.1(d) regarding the appropriate citation of this opinion.
In this disciplinary matter, the Hearing Committee recommends approval of a
petition for negotiated attorney discipline. See D.C. Bar R. XI, § 12.1(c).
Respondent Richard J. Tappan voluntarily acknowledged that, in connection with
his appointment as guardian and conservator in a probate case, he failed to provide
competent representation and to serve the client with commensurate skill and care;
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failed to represent the client zealously and diligently and to act with reasonable
promptness; charged unreasonable fees in his fee petitions to the probate court; failed
to maintain complete records of entrusted funds; and engaged in conduct involving
at least reckless dishonesty and that seriously interfered with the administration of
justice. As a result, respondent admits that he violated D.C. R. Prof. Conduct
1.1(a)-(b), 1.3(a) & (c), 1.5(a), 1.15(a), and 8.4(c)-(d). The proposed discipline
consists of a one-year suspension, stayed as to all but six months followed by one
year of probation with conditions.
Having reviewed the Committee’s recommendation in accordance with our
procedures in uncontested disciplinary cases, see D.C. Bar R. XI, § 12.1(d), we agree
that this case is appropriate for negotiated discipline and that “the agreed-upon
sanction is ‘justified,’” In re Mensah, 262 A.3d 1100, 1104 (D.C. 2021) (per curiam)
(quoting D.C. Bar R. XI, § 12.1(c)(3)), given the sanctions we have previously
imposed for similar sets of violations in contested cases. See, e.g., In re Bailey, 283
A.3d 1199 (D.C. 2022); In re Marks, 252 A.3d 887 (D.C. 2021) (per curiam); In re
Hargrove, 155 A.3d 375 (D.C. 2017) (per curiam); In re Cole, 967 A.2d 1264 (D.C.
2009); In re Bernstein, 774 A.2d 309 (D.C. 2001). Accordingly, it is
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ORDERED that respondent Richard J. Tappan is hereby suspended from the
practice of law in the District of Columbia for one year, stayed as to all but six
months, followed by one year of probation with the following conditions:
(i) Respondent must take three hours of preapproved continuing legal
education courses related to the maintenance of trust accounts, recordkeeping,
and/or safekeeping client property, and he must certify and provide
documentary proof that he has met this requirement to Disciplinary Counsel
within six months from the date of this opinion;
(ii) Before resuming the practice of law, respondent must meet with Dan
Mills, Manager of the Practice Management Advisory Service (PMAS) of the
District of Columbia Bar, or a PMAS monitor, and execute a waiver allowing
Mr. Mills or the monitor to communicate directly with Disciplinary Counsel
regarding respondent’s compliance. Mr. Mills or the assigned monitor will
conduct a full assessment of respondent’s practices, including but not limited
to reviewing his financial records, client files, engagement letters, and
supervision and training of staff. Mr. Mills or the assigned monitor shall take
steps to ensure that respondent is aware of and has taken steps to comply with
his obligations, including those under D.C. R. Prof. Conduct 1.15(a) such as
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maintaining complete records relating to client funds, and that respondent
complies with all the monitor’s recommendations; and
(iii) Respondent must be in full compliance with the PMAS monitor’s
requirements for a period of twelve consecutive months after the six-month
suspension. After the monitor determines that respondent has been in full
compliance for twelve consecutive months, respondent must sign an
acknowledgment that he has complied with the monitor’s requirements and
file the signed acknowledgement with Disciplinary Counsel. This must be
accomplished within one and a half years from the date of this opinion.
If respondent fails to comply with the above conditions, he will serve the
remaining six months of the one-year suspension. Additionally, we direct
respondent’s attention to D.C. Bar R. XI, § 14(g), which requires the filing of an
affidavit with this court for purposes of reinstatement in accordance with D.C. Bar
R. XI, § 16, and Board Prof. Resp. R. 9.
So ordered.