July 20, 2010
"Deliberate Lies" Warrant Disbarment
The New Hampshire Supreme Court rejected the recommendation of its Professional Conduct Committee for a two year suspension with conditions on reinstatement, concluding that disbarment was the proper sanction for the attorney's ethical violations.
The attorney had neglected an estate matter and lied to his client and to a tribunal. The court noted as aggravating factors a prior similar offense, the submission of false evidence and statements in the bar proceeding, the failure to acknowledge the improper conduct, the vulnerability of the victims and the attorney's "indifference to making restitution." The mitigating factors of a lack of selfish motive , good reputation and "remorse and regret" were insufficient to avoid the ultimate sanction.
The court agreed with disciplinary counsel that the attorney's "deliberate lies require no less than disbarment." (Mike Frisch)
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