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IN RE MANCE

No. 06-BG-890.

980 A.2d 1196 (2009)

In re Robert W. MANCE, III. A Member of the Bar of the District of Columbia Court of Appeals (Bar Registration No. 285379).

District of Columbia Court of Appeals.

Decided September 24, 2009.

As Amended and Reissued October 29, 2009.

Attorney(s) appearing for the Case

Jacob A. Stein, Washington, with whom George A. Fisher was on the brief, for respondent, Robert W. Mance, III.

Elizabeth A. Herman, Deputy Bar Counsel, with whom Wallace E. Shipp, Jr., Bar Counsel, and Judith Hetherton, Senior Assistant Bar Counsel, were on the brief, for the Office of Bar Counsel.

Elizabeth J. Branda, Executive Attorney, filed a statement in lieu of brief, for the Board on Professional Responsibility.

Before RUIZ, BLACKBURNE-RIGSBY, and THOMPSON, Associate Judges.

RUIZ, Associate Judge:

This case presents us with the question whether a "flat fee" paid in advance for legal services is to be deemed an "advance[] of unearned fees" that is required to be treated as property of the client under Rule 1.15(d) of the D.C. Rules of Professional Conduct. The Board on Professional Responsibility ("Board") determined that a flat fee paid in advance of services being rendered becomes the attorney's property upon receipt, and, in the alternative...

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