Monday, September 20, 2010

Hollow Victory

A Louisiana hearing committee has recommended a two-year suspension, with 21 months stayed in favor of a two-year period of probation, in a matter involving two client complaints. In one matter, the attorney claimed as mitigation that the client had been made whole as a result of a malpractice suit against him. The committee disagreed:

It is somewhat a hollow victory to allege now that the client has been made whole as a mitigating factor. This committee finds, therefore, that the settlement of [the malpractice claim] is neither an aggreavating nor a mitigating factor.

The attorney was a member of the State Senate and held a number of responsible posts in the legislature. His public duties took a great deal of his time and energy away from his practice and obligated him to rely upon staff. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2010/09/hollow-victory.html

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