Monday, September 29, 2008

Delay In Filing Charges Does Not Result In Dismissal

A hearing committee of the D.C. Board on Professional Responsibility recommends a 60 day suspension of an attorney who had engaged in extensive commingling, used his escrow account to shield his assets from creditors, and sent a letter that made false representations to the IRS. The committee rejected the contention that the matter should be dismissed for delay in bringing disciplinary charges, concluding that the attorney's ability to defend the allegations had not been impaired. The committee also rejected several serious charges; thus it is far more likely that any delay harmed the bar's case more than the defense of the attorney. It appears that the matter was docketed for investigation in 2002, judging by the case number. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2008/09/delay-in-filing.html

Bar Discipline & Process | Permalink

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