Friday, August 14, 2009

Mitigating Factors

An attorney who had engaged in misconduct that included misappropriation of entrusted funds was suspended for one year by the New York Appellate Division for the Second Judicial Department. The court looked to the following mitigating factors:

In determining an appropriate measure of discipline to impose, we have considered the substantial mitigating factors, including the respondent's previously unblemished record, the lack of economic harm to any client, the respondent's sincere remorse, the positive character evidence submitted, the prompt remedial measures undertaken and, as the Special Referee noted, the fact that the underlying events took place over a limited period during which the respondent was experiencing medical problems and adverse reactions to prescribed medications. Under the circumstances, the respondent is suspended for a period of one year.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2009/08/an-attorney-who-had-engaged-in-misconduct-that-included-misappropriation-of-entrusted-funds-was-suspended-for-one-year-by-the.html

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