On Tuesday, January 10, 2023, the Virginia State Bar Disciplinary Board ordered the suspension of Maryland attorney Duncan Kenner Brent for failure to fully comply with a subpoena duces tecum issued by the Bar.

The case is styled ‘In the Matter of Duncan Kenner Brent’, with case no. 23-052-126721.

According to the Interim Suspension Order, Brent failed to fully comply with the subpoena duces tecum served upon him on October 4, 2022.

Brent’s interim suspension was pursuant to Rules of the Supreme Court of Virginia, Part 6, Section IV, Paragraph 13-6.G.3, which states that:

On its own motion or upon request by Bar Counsel or the Respondent, to summon and examine witnesses under oath or affirmation administered by any member of the Board and to compel the attendance of witnesses and the production of documents necessary or material to any proceeding.  Any summons or subpoena may be issued by any Board member or the Clerk and shall have the force of and may be enforced as a summons or subpoena issued by a Circuit Court.  A subpoena duces tecum which compels the Respondent to produce documents may be served upon the Respondent by certified mail at the Respondent’s last address of record for membership purposes with the Bar or, if service cannot be effected at the Respondent’s last address on record, or the Respondent is a Foreign Lawyer, or a lawyer engaged pro hac vice in the practice of law in Virginia, or a lawyer not admitted in Virginia, by first class mail to the Clerk of this Court.

In light of the foregoing, the Court ruled against Brent in relation to his noncompliance to the subpoena duces tecum and suspended him from the practice of law in the Commonwealth of Virginia effective January 10, 2023, and until such time that Brent has fully complied to said duces tecum.

Prior to this suspension, Mr. Duncan Kenner Brent practiced in Silverspring, Maryland. He earned his Juris Doctorate from the University of Maryland, graduating in 1993. According to Martindale, he has been admitted to law practice in Virginia, the District of Columbia, and Maryland.

A copy of the Interim Suspension Order can be found here.