Disciplinary Reporter Case Digest

Attorney ID 0
Attorney Name Anonymous,    
DBP Docket No. 109 DB 2001
Supreme Court Docket No. N/A
Disciplinary Counsel David M. Lame
Counsel for Respondent
Decision Date 2003-04-29
Effective Date
Case Digest This was a four-charge Petition for Discipline involving substantially the same Rule violations of a lack of diligence, lack of communication, conduct prejudice to the administration of justice, and a failure to protect a client's interests upon termination. Respondent with counsel stipulated to all of the misconduct and explained during the disciplinary hearing that several substantial incidents occurred during the same timeframe as the misconduct, specifically the death of two family members. Respondent did not offer this as mitigation pursuant to Braun, nor did he claim a psychiatric disorder as a result of each loss. Rather, this testimony was merely presented to the Hearing Committee so as to afford the Committee a totality of the circumstances surrounding Respondent's life style at the time the misconduct occurred. Respondent had a substantial prior disciplinary history consisting of two Informal Admonitions and a Private Reprimand for substantially the same type of conduct which occurred in generally the same timeframe as the illness of the two family members who ultimately passed away. The recommendation of the Hearing Committee was for a suspension of one year to be stayed in its entirety, followed by a period of probation for one year with the appointment of a practice monitor. Neither party filed exceptions and the Disciplinary Board's Report and Recommendations to the Supreme Court concurred with the Hearing Committee recommendation. The Supreme Court by ORDER dated April 29, 2003 imposed a suspension of one year to be stayed in its entirety followed by probation for a period of one year subject to various conditions, including the appointment of a practice monitor.
Rule Violation(s) 1.3, 1.4(a), 1.4(b), 1.16(d) and 8.4(d)
Discipline Imposed One-year suspension stayed; one-year probation with a practice monitor
Points of Law
Report/Opinion Download