Wednesday, April 21, 2010

High Emotions

A three-judge panel concluded that a Virginia attorney had violated Rules 1.2(a) and 1.4(b) but determined that the appropriate disposition was a "dismissal for exceptional circumstances."

 The order contains a handwritten description of those circumstances: (1) the "nature of the situation caused high emotions that had an affect on [the attorney's] judgment;" (2) no prior complaints; (3) the attorney removed the client's name from litigation promptly after the client had objected; and (4) the client is pursuing a civil remedy.

High emotions and a civil suit hardly strike me as exceptional circumstances to avoid discipline in the wake of findings that two ethics rules were violated. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2010/04/high-emotions.html

Bar Discipline & Process | Permalink

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