Thursday, February 21, 2008

Criminal Bar Charges Without A Conviction

A disciplinary complaint filed recently in Illinois alleges three counts of fraud and false statements in connection with bankruptcy matters initiated by the lawyer on behalf of business entities in which he had an interest. Although it is alleged that an order was entered in one matter denying discharge of a debt, it does not appear that the accused attorney was convicted of any criminal offenses arising out of the course of conduct. A conviction is not required to establish that an attorney engaged in criminal conduct "that adversely reflects on the lawyer's honesty, trustworthiness or fitness to practice in other respects." Indeed, in bar discipline, the violation may be proved under a lesser standard of proof than the "beyond a reasonable doubt" standard that applies in criminal matters.   (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2008/02/criminal-bar-ch.html

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