DC Professional Responsibility Board recommends Washington attorney’s public censure for commingling of funds

On Thursday, April 13, 2023, the District of Columbia Court of Appeals Board on Professional Responsibility Ad Hoc Hearing Committee recommended the public censure of attorney Catherine R. Mack, Esquire.

The case is entitled “In the Matter of Catherine R. Mack,” and was brought by the Disciplinary Counsel with case no. 2018-D053.

The charges cited the District of Columbia Rules of Professional Conduct 1.15(a), which states:

Failure to hold property of clients or third persons in her possession in connection with a representation separate from her own property (commingling), and failure to maintain complete records of fiduciary funds for a period of five years after termination of the representation.

The Rules of Professional Conduct can be found here.

On December 21, 2022, the Disciplinary Counsel and the respondent filed a petition for negotiated disposition agreeing that the latter be publicly censured. This is in regard to the respondent’s commingling of funds and failure to maintain records.

The Petition for Negotiated Disposition states:

“A review of the documentary record reveals the following transactions in Respondent’s IOLTA before the overdraft. On September 14, 2017, Respondent’s account contained $962.10, which belonged to a client (Client 1). That day, she deposited $5000 in entrusted funds for a different client (Client 2), raising the IOLTA balance to $5,962.10. On September 27, 2017, Respondent transferred $3000 out of her IOLTA to her personal checking account leaving an IOLTA balance of$2,962.10. In early October 2017, the Respondent wrote herself a check for $3,693.75 from her IOLTA in connection with Client 2’s case. On October 11, 2017, the bank did not honor but returned that check because the IOLTA had insufficient funds to cover that amount, by $731.65. The bank notified the Office of Disciplinary Counsel.”

The Petition for Negotiated Disposition continues:

“In the interim, she obtained bookkeeping services intermittently but was operating without a bookkeeper providing monthly services, including reconciliation of her trust account. In her own recordkeeping, Respondent misattributed at least one IOL TA withdrawal to work done for Client 2 even though the total amount of funds Respondent claimed she paid herself in connection with that client exceeded the amount she had received from him in that case. Respondent had no explanation or records to explain how she came to attribute this IOLTA disbursement to the wrong client.”

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. Respondent, after being placed under oath, admitted the stipulated facts and charges set forth in the Petition and denied that she was under duress or has been coerced into entering into the disposition.

In relation to this, the District of Columbia Court of Appeals Board on Professional Responsibility Ad Hoc Hearing Committee recommended that the petition for negotiated discipline be approved, suspending the respondent from the practice of law.

The Conclusion and Recommendation states:

“It is the conclusion of the Hearing Committee that the discipline negotiated in this matter is appropriate. For the reasons stated above, it is the recommendation of this Hearing Committee that the negotiated discipline be approved and that the Court impose the following sanction: (1) a public censure; (2) the respondent will notify Disciplinary Counsel in writing of all jurisdictions in which she is or has been licensed to practice; and (3) If Respondent fails to satisfy any of these conditions, it may result in her probation being revoked and the Office of Disciplinary Counsel may doc ket an investigation into whether she has seriously interfered with the administration of justice in violation of Rule 8.4(d).”

As of today, Ms. Mack is listed in the law firm Law Office of Catherine R. Mack. She attended the Catholic University of America, Columbus School of Law, graduating in 1974. She practices in Washington, District of Columbia. She is licensed in the District of Columbia. Her info can be found on Linkedin.

A copy of the original filing can be found here.