Friday, October 16, 2009

Insufficient Evidence Of Mitigation

An attorney admitted to practice in 1992 was suspended for three years by the Pennsylvania Supreme Court. One matter involved an estate that was not difficult or complicated; the attorney's handling of the representation "evidence[d] a failure to attend to the affairs of the client in a competent, diligent, timely, or professional manner." A second matter could have been, but was not, resolved by a prompt refund to the client.

Of particular concern was the mismanagement of the attorney's IOLTA account, which was out of trust on 52 occasions and had a negative balance 20 times. The attorney had been "unable to explain the many discrepencies in [the]account..." The attorney had offered evidence relating to medical issues but without specific information or independent evidence to establish a basis for mitigation. (Mike Frisch)

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