Robert Cappell

DCCA Opinion (July 22, 2004)

Summary: The court disbarred Cappell for intentional misappropriation, in violation of Rules 1.15(a) and 1.15(b), but stayed the sanction and placed Cappell on probation for three years, subject to conditions recommended by the board in its report and recommendation, in light of Cappell’s entitlement to Kersey-style mitigation for depression at the time of the misconduct.

Board Report and Orders (March 25, 2004)

Summary: The board found that Cappell engaged in intentional misappropriation when he failed to pay promptly monies that had been assigned to medical providers by two clients and instead used those funds to pay personal and business expenses, in violation of Rules 1.15(a) and 1.15(b). Applying the Kersey doctrine, the board recommends that the court disbar Cappell, but stay the sanction and place Cappell on probation for three years, subject to his not engaging in any further misconduct, continuing to obtain regular treatment from a psychiatrist, practicing under the supervision of a financial practice monitor, and submitting quarterly reports from his psychiatrist to the board and Bar Counsel. If Cappell fails to adhere to medical advice or violates any term of his probation or any Rule of Professional Conduct, he will be required to show cause why his probation should not be revoked and the sanction of disbarment imposed. If Cappell associates himself with another firm on a full-time basis, so that a financial monitor is no longer warranted, he may file a motion with the board to amend the terms of his probation.