Saturday, June 2, 2007

Probation Guidelines?

Carolyn Elefant has noted that, for solos at least, even a brief suspension may be a professional death sentence. At least, it is a major interruption. The Utah Supreme Court just decided a case that considers the question of the circumstances in which probation is deemed appropriate in lieu of suspension. This choice of sanction is hugely important in terms of career planning. In response to the request of disciplinary counsel for clear guidelines on the use of probation, the court consolidated two cases and declined to provide the requested guidance: "We are satisfied--indeed pleased--with the discretion currently being exercised by district courts in sanctioning attorneys for misconduct." The court declined to specify cases where the misconduct is such that probation cannot be considered, preferring a more flexible approach. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2007/06/probation_guide.html

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