Friday, June 4, 2010

Not Enough To Mitigate

An attorney who had misapproprited nearly $20,000 in three matters was suspended for three years by the Pennsylvania Supreme Court. The attorney had presented evidence that he had suffered from depression during the period of misconduct. While four witnesses testified on his behalf, no evidence of his condition was presented from his treating or evaluating medical professionals. He did not seek a continuance to put such evidence in the record.

As explained more fully in the appended report and recommendation of the Disciplinary Board, the attorney had not established mitigation based on depression. The absence of supporting medical testimony can be fatal to mitigation claims based on a treatable condition. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2010/06/not-enough-to-mitigate.html

Bar Discipline & Process | Permalink

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