| Case Digest |
During a four year time frame, Respondent mishandled fiduciary funds in four matters, converting over $26K to his own use. Respondent also neglected one client matter and filed false attorney registration statements. Respondent, who had no prior record of discipline and offered no mitigation evidence at his disciplinary hearing, was disbarred for his misconduct.
A novel ancillary issue arose during the course of the disciplinary proceeding. Respondent entered into a signed, counseled stipulation of fact and law at the prehearing conference. Respondent subsequently terminated his counsel, hired new counsel, and attempted to withdraw from the stipulation. The Hearing Committee found that the stipulation was not a product of fraud, accident, or mistake and accepted the stipulation into evidence. Following oral argument on Respondent’s Brief on Exceptions, the Disciplinary Board appointed a Special Master to hear testimony regarding the validity of the stipulation. After an evidentiary hearing, the Special Master upheld the validity of the stipulation and concluded that the Hearing Committee properly accepted the knowingly and voluntarily entered stipulation into evidence. Neither the Disciplinary Board nor the Supreme Court disturbed the Special Master’s conclusion.
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