Thursday, March 5, 2009

Upward Departure

The District of Columbia Court of Appeals adopted the recommendation of its Board on Professional Responsibility to impose disbarment in a reciprocal discipline matter. The sanction in Massachusetts had been a two-year suspension. The court agreed with the board that the underlying misconduct findings in Massachusetts established by clear and convincing evidence that a greater sanction than that ordered by the disciplining court.

The lawyer's misconduct involved conversion of corporate funds for personal use, fabricating documents and false statements to conceal his actions. The Massachusetts Supreme Judicial Court had found that the conversion "did not constitute a misappropriation of client funds while...engaged in the practice of law." The summary of the case from the web page of the Massachusetts Bar is linked here. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2009/03/upward-departur.html

Bar Discipline & Process | Permalink

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