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Disciplinary Reporter Case Digest

Attorney ID 45965
Attorney Name Foti, Lawrence T.
DBP Docket No. 89 DB 2001
Supreme Court Docket No. 835 D.D. No. 3
County Delaware
Disciplinary Counsel Alan J. Davis
Counsel for Respondent Samuel C. Stretton
Decision Date 2003-07-24
Effective Date 2003-08-23
Case Digest In one matter, Respondent settled his clientís motor vehicle accident case, but subsequently converted the proceeds for his own uses and purposes. In another case for another client, Respondent settled a motor vehicle case for a mother and her daughter. Although no conversion was found, the Disciplinary Board found that Respondent improperly failed to forward his clientsí share of the settlement for approximately ten months. As mitigation for his misconduct, the Board found, through the testimony of Respondentís psychologist, that Respondentís depression contributed to his acts, and therefore Respondent met the standard of Office of Disciplinary Counsel v. Braun. The Board also considered Respondentís remorse and lack of prior discipline.
Rule Violation(s) 1.3, 1.15(a),1.15(b) and 1.15(c), and 8.4(b) and 8.4(c).
Discipline Imposed Suspension Ė three years
Points of Law If a lawyer is able to establish that a disorder substantially caused the misconduct in question, the Board will make a recommendation for discipline that balances the gravity of the misconduct with the fact that the illness contributed to the Respondentís wrongdoing.
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