On Tuesday, April 25, 2023, the District of Columbia Court of Appeals Board on Professional Responsibility Ad Hoc Hearing Committee recommended the suspension of attorney Richard J. Tappan after failing to pay the living and care expenses of an incapacitated person while serving as the guardian of the same.
The case is entitled “In the Matter of Richard J. Tappan,” and was brought by the Disciplinary Counsel with case no. 22-ND-005.
On November 17, 2022, the Disciplinary Counsel and the respondent filed a petition for negotiated discipline after the latter allegedly failed, while serving as the guardian of an incapacitated person, to pay the living and care expenses of the same over a lengthy period of time while being under the institutional care of “The Residences” at Thomas Circle.
The Petition for negotiated discipline states:
“In December 2015, Respondent assisted the Ward in moving to The Residences at Thomas Circle, an assisted living facility in Washington, D.C. In his capacity as Ward’s conservator, Respondent signed the Residency Agreement dated December 3, 2015, and acknowledged that, as Ward’s conservator, he was responsible for paying Ward’s fees and charges with Ward’s funds. On March 24, 2016, after posting the required bond, Respondent filed a third petition for permission to sell Ward’s real property. In the third petition, Respondent repeated his claims in the earlier petitions that the condominium should be sold because it “continues to accrue condo fees and fall into disrepair while serving no financial value to the Ward.” Respondent went on to say that: “It makes financial sense to sell the property and use the proceeds to benefit the Ward and pay for his stay at Thomas Circle.”
The Petition for negotiated discipline continues:
“During this three-year period, Respondent used Ward’s funds to pay the mortgage and line of credit secured by the condominium, totaling $1,300 or more per month. The management company for the condominium building also assessed additional fees on Ward’s condominium for maintenance and HV AC which totaled approximately $930 per month. Respondent used Ward’s funds to pay the condominium fees. However, because Respondent failed to pay the condominium fees on a timely basis, the management company assessed late fees and attorney’s fees, which Respondent later paid with Ward’s funds.”
The Petition for negotiated discipline further states:
“On May 16, 2019, The Residences filed a Petition for a Ruling to Show Cause based on Respondent’s continued failure to pay for the living and care expenses of the Ward. The Residences asked the Probate Court to refer the matter to the Auditor-Master, enter judgment for the balance due which was then more than $104,000, and remove the Respondent as conservator.”
The Hearing Committee then carefully considered the petition signed by the Disciplinary Counsel and the respondent. It also reviewed the respondent’s counsel supporting affidavit and representations during the limited hearing. The Hearing Committee found that the respondent has knowingly and voluntarily acknowledged the facts and misconduct reflected in the petition and agreed to the sanction therein. Based on this, the hearing committee recommended suspending the respondent.
The Recommendation states:
“For the reasons stated above, it is the recommendation of this Hearing Committee that the negotiated discipline be approved and that the Court impose a one-year suspension with six months stayed in favor of one year of probation with the conditions listed in Section II, Paragraph 12, supra.”
Mr. Tappan attended the George Mason University School of Law. He practices in Washington, District of Columbia. He is licensed in the District of Columbia. His info can be found on lawyersjustia.com.
A copy of the original filing can be found here.
