02-BG-0086: Case View

Case Information: 02-BG-0086
Short Caption:	IN RE: RICHARD HOWARD LAIBSTAIN	Classification:	Bar Governance - Bar - Disciplinary
Lead:	02-BG-0070	Consolidated:	02-BG-0086
Superior Court or Agency Case Number:	2002-BDN-000008	Filed Date:	02/04/2002

Opening Event Date:	02/04/2002	Case Status:	Closed
Record Completed:		Post-Decision Matter Pending:
Briefs Completed:	07/01/2003
Argued/Submitted:	01/20/2004
Disposition:		Next Scheduled Action:
Mandate Issued:

Party Information

Appellate Role

Party Name

IFP

Attorney(s)

Arguing Attorney

E-Filer

Petitioner

Disciplinary Counsel

Joyce E. Peters	N	N
John T. Rooney	Y	N

Petitioner

Board on Professional Responsibility

Timothy J. Bloomfield

Respondent

Richard H. Laibstain

Pro Se

Events
Event Date	Status	Description	Result	PDF
02/04/2002		DISCIPLINARY LETTER from the Office of Bar Counsel with a certified copy of an order of Virginia State Bar Disciplinary Board imposing revocation with terms on the respondent.
02/19/2002		ORDER It appearing that the Court has received a certified copy of an order of the Virginia State Bar Disciplinary Board imposing revocation with terms on respondent, it is, accordingly, pursuant to Rule XI, Sec 11 of the Rules Governing the Bar of the District of Columbia, ORDERED that respondent is suspended from the practice of law in the District of Columbia pending final disposition of this proceeding, effective on the entry date of this order, and it is FURTHER ORDERED that Bar Counsel inform the Board on Professional Responsibility of her position regarding reciprocal discipline within 30 days of the date of this order. Thereafter, respondent shall show cause before the Board on Professional Responsibility, if cause there be, within 10 days why identical, greater or lesser discipline should not be imposed in the District of Columbia. It is FURTHER ORDERED that the Board on Professional Responsibility is directed to recommend promptly thereafter to this court whether identical, greater or lesser discipline should be imposed as reciprocal discipline or whether the Board, instead, elects to proceed de novo pursuant to Rule XI, Sec 11. It is FURTHER ORDERED that the Clerk shall cause a copy of this order and the order of the Virginia State Bar Disciplinary Board, to be directed to the Chair of the Board on Professional Responsibility and transmitted to the respondent. It is FURTHER ORDERED that Bar Counsel advise the Court if the matter is concluded without the necessity of further court action. (AMW)
10/31/2002		REPORT AND RECOMMENDATION OF BOARD ON PROF. RESP. that the court impose identical reciprocal discipline in the form of revocation of respondent's license with leave to apply for reinstatement after the expiration of five years. The revocation should be effective immediately upon the court's order, but for purposes of reinstatement should not commence until respondent files the affidavit, required by D.C. Bar R. XI, Sec 14 (g).
11/14/2002		LETTER from BPR with a new address for respondent:480 Westover Mews Norfolk, VA 23507
11/22/2002		LETTER from BPR resending copy of Board's report to respondent at new address: P.O. Box 1722, Glen Allen, VA 23060.
11/27/2002		LETTER from Bar Counsel taking exception to the recommended sanction set forth in the report and recommendation filed by the Board on Professional Responsibility.
12/16/2002		BD. ON PROF. RESP. MOTION FOR LEAVE TO FILE BRIEF
01/03/2003		ORDER On consideration of the exceptions of Bar Counsel filed in response to the Board on Professional Responsibility's report and recommendation filed on November 27, 2002, and the motion of the Board on Professional Responsibility for leave to file brief, and it appearing that respondent did not file exceptions, it is ORDERED that the motion of the Board on Professional Responsibility is granted. It is FURTHER ORDERED that the brief of Bar Counsel shall be filed within 40 days from the date of this order, the brief of the Board on Professional Responsibility shall be filed within 30 days thereafter, and respondent may file a brief 30 days from the date the Board on Professional Responsibility file its brief. (GP)
01/08/2003		RECEIVED a copy of a letter from the Board on Professional Responsibility informing the respondent that a December 16, 2002, motion of the Board for leave to file brief was sent to his primary address and was returned by the Postal Service, marked Forward Time Exp. Return to Sender. Resent to respondent secondary address: 480 Westover Mews, Norfolk, VA 23507.
01/30/2003		BD. ON PROF. RESP. MOTION FOR LEAVE TO FILE BRIEF AND TO CONSOLIDATE APPEALS No. 02-BG-70 AND 02-BG-86
02/19/2003		ORDER On consideration of the motion of the Board on Professional Responsibility (the Board) for leave to file brief, and consolidate appeals nos. 02-BG-70 and 02-BG-86, and there appearing to be no opposition thereto, and it appearing that Bar Counsel has filed exceptions in both cases, and it further appearing that Bar Counsel's brief was due to be filed in case no. 02-BG-86 on February 12, 2003, it is ORDERED that the Board's motion to consolidate case nos. 02-BG-70 and 02-BG-86 is granted. It is FURTHER ORDERED that the Board's motion to file brief is granted. It is FURTHER ORDERED that the briefing schedule established in case no. 02-BG-86 pursuant to this court's order of January 3, 2003, is revised to the extent that the consolidated brief of Bar Counsel in case nos. 02-BG-70 and 02-BG-86, shall be filed within 40 days from the date of this order, the brief of the Board on Professional Responsibility shall be filed within 30 days thereafter, and respondent may file a brief 30 days from the date of the Board on Professional Responsibility files its brief. (GP)
02/20/2003		error
03/31/2003		PETITIONER'S BRIEF (Bar Counsel)
04/30/2003		PETITIONER'S MOTION TO EXTEND TIME TO FILE BRIEF (BPR)
05/13/2003		RECEIVED letter from the Board on Professional Responsibility that they were unable to deliver a copy of the April 30, 2003, motion to extend time to file brief, to Mr. Laibstain at the addresses listed with the Board.
05/14/2003		ORDER On consideration of the motion of the Board on Professional Responsibility (the Board) for an extension of time in which to file brief, and the letter dated May 9, 2003, from the Board advising the court that the copies of the motion addressed to Richard H. Laibstain were returned not deliverable as addressed unable to forward, it is ORDERED that the Board's motion is granted and the Board's brief shall be filed on or before May 23, 2003. (GP)
05/23/2003		PETITIONER'S BRIEF (BPR)
07/01/2003		BRIEFS COMPLETED
07/01/2003		FINAL SCREENING - REGULAR CALENDAR
10/07/2003		LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING (Dec-Mar)
10/07/2003		LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING (Dec-Mar)
10/14/2003		LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (Bar Counsel)
10/14/2003		LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING Elizabeth J. Branda, Esquire (BPR)
11/03/2003		LETTER from the BPR to Mr. Laibstain re: October 14, 2003 letter mailed to 480 Westover Mews, Norfolk, VA 23507, which was returned from the Post Office marked undeliverable as addressed, forwarding order expired. Remailed to P.O. Box 1722, Glen Allen, VA 23060.
12/03/2003		CALENDAR NOTICE SENT
01/15/2004		SUPPLEMENTAL RECORD of the Board on Professional Responsibility and Index.
01/20/2004	Filed	ACTION - Argued / Submitted
01/20/2004		CERTIFICATE PER RULE 28 (Bar Counsel)
01/20/2004		ARGUED (SC,GL,KN) Elizabeth J. Branda, Esq., for petitioner. John T. Rooney, Esq., for petitioner.
02/12/2004	Filed	DISBARMENT Accordingly, we ORDER that respondents Richard H. Laibstain and Joel Steinberg each be disbarred from the practice of law in the District of Columbia, effective in each case from the date on which the respondent files the affidavit required by D.C. Bar R. XI, Sec 14 (g). We direct respondents' attention to the requirements of D.C. Bar R. XI, Secs 14 (g) and (h) and 16, and their effect on respondents' eligibility for reinstatement. (SC, GL, KN)