Thursday, February 26, 2009

The Case-By Case Analysis

As if in response to the last post, the Pennsylvania Supreme Court imposed an 18 month suspension of an attorney who had neglected multiple matters and misappropriated advanced fees that he did not earn. The court adopted the Disciplinary Board's view that, while disbarment would be the norm, sanctions are determined on a case-by-case analysis and that mitigating factors such as remorse and repayment merited a lesser the sanction. The board concluded that the requirement that the attorney demonstrate present fitness for reinstatement provided sufficient protection to the public. One board member had dissented and favored a three-year suspension. (Mike Frisch)

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