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In re Schoeneman

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Argued May 30, 2001

After a complaint was filed with the Virginia State Bar alleging that Charles Schoeneman had neglected a case and failed to keep his client informed of its progress, Schoeneman chose not to contest the allegation, and surrendered his license to practice law in Virginia. Because a resignation in the face of pending charges of misconduct is a form of bar discipline, see In re Day, 717 A.2d 883, 888 (D.C. 1998), the Board on Professional Responsibility recommends that Schoeneman be suspended from the District of Columbia Bar as a reciprocal matter, with leave to apply for reinstatement if granted in Virginia, or after five years, whichever occurs first.

Schoeneman contests the Board’s recommendation, contending that (1) the allegations in Brice’s complaint would not constitute misconduct in the District of Columbia; (2) the discipline recommended by the Board is substantially greater than warranted by his alleged conduct, even if it were misconduct; (3) imposing discipline where, as here, the respondent previously had been exonerated by D.C. Bar Counsel in its independent investigation would be a “grave injustice”; (4) his resignation in Virginia did not constitute bar discipline that could support reciprocal discipline because formal charges had not been filed; and (5) the Board’s failure to grant him an evidentiary hearing violated his right to due process.

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