In re Toliver
CourtDistrict of Columbia Court of Appeals
Date FiledSeptember 24, 2026
Docket26-BG-0380
StatusPublished
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Full Opinion
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DISTRICT OF COLUMBIA COURT OF APPEALS
No. 26-BG-0380
IN RE JAMES E. TOLIVER, III, RESPONDENT.
A Member of the Bar of the
District of Columbia Court of Appeals
(Bar Registration No. 1619792)
On Report and Recommendation of the Board on
Professional Responsibility Ad Hoc Hearing Committee
Approving Amended Petition for Negotiated Discipline
(BDN: 25-ND-005; DDN: 2024-D180)
(Decided September 24, 2026)
Before BECKWITH and DEAHL, Associate Judges, and THOMPSON, Senior
Judge.
PER CURIAM: This decision is nonprecedential. Please refer to D.C. Bar R. XI,
§ 12.1(d), governing the appropriate citation of this opinion.
In this disciplinary matter, the Hearing Committee recommends approval of
the parties’ amended petition for negotiated discipline. Respondent James E.
Toliver, III, has acknowledged that, in connection with applying for a job, his resume
and cover letter contained false statements, and that he thereby engaged in
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dishonesty in violation of D.C. R. Pro. Conduct 8.4(c). The proposed discipline
consists of a public censure with one year of unsupervised probation with conditions.
Having reviewed the Committee’s recommendation in accordance with our
procedures in these cases, see D.C. Bar R. XI, § 12.1(d), we agree that this case is
appropriate for negotiated discipline and “the agreed-upon sanction is justified,” In
re Mensah, 262 A.3d 1100, 1104 (D.C. 2021) (per curiam) (internal quotation marks
omitted), in light of reasonably analogous precedents. See, e.g., In re Hadzi-Antich,
497 A.2d 1062 (D.C. 1985) (order) (imposing public censure for inflating class rank,
grades, and law review involvement on resume to obtain employment); see generally
In re Berger, 737 A.2d 1033, 1042 (D.C. 1999) (noting that sanctions for a single
instance of dishonesty range from public censure to disbarment). Accordingly, it is
ORDERED that respondent James E. Toliver, III, is hereby publicly censured
and placed on one year of unsupervised probation, to begin on the date that this
opinion issues, with the following conditions:
(a) he will not be the subject of a disciplinary complaint that results in a
finding that he violated the disciplinary rules of any jurisdiction in which he
is licensed to practice during the probationary period;
(b) before his probation term ends, he will take two continuing legal education
(CLE) courses approved by Disciplinary Counsel: Ethics and Lawyer Trust
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Accounts and the Mandatory Course on the D.C. Rules of Professional
Conduct and D.C. Practice;
(c) before his probation term ends, he will provide proof of attendance at each
CLE within 10 days of completion, waiving confidentiality regarding any
consultations associated with training advice and materials, including the
materials themselves;
(d) during his probation, he will notify Disciplinary Counsel promptly of any
ethics complaint filed against him and its disposition;
(e) within 30 days of the issuance of this opinion, he will inform Disciplinary
Counsel in writing if he has pending applications to practice law in any other
jurisdiction;
(f) during his probation, he will inform Disciplinary Counsel in writing if he
applies for any additional bar memberships;
(g) within 30 days of the issuance of this opinion, he will provide Disciplinary
Counsel with a list of all organizations to which he has provided legal services
in any capacity—whether as an attorney, a law clerk, or a paralegal—and
confirm that he has verified none has described his tenure with the
organization inaccurately; and
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(h) within 30 days of the issuance of this opinion, he will provide Disciplinary
Counsel with a list of all his social media accounts and other locations that set
forth his work history and confirm that he has verified that they are accurate.
If respondent fails to meet any of the conditions set forth above, he
(a) understands that Disciplinary Counsel may bring formal charges seeking a
suspension for his breach of probation, and, if he is suspended, (b) agrees to
demonstrate his fitness to practice law before he can be reinstated.
So ordered.