Monday, October 11, 2010

Aggavation, Mitigation And A Proposal Not Adopted

The Georgia Supreme Court adopted a recommended two year suspension of an attorney who plead guilty to a count of felony residential mortgage fraud. The attorney had only been in practice for 2 1/2 years at the time of the misconduct.

The court did not treat the attorney's continuing profession of innocence as a aggravating factor but rejected delay not attributable to the Bar as a mitigating factor. The attorney's practice had been ruined as a result of the spread of the information over the internet. The court did not follow the proposal that the attorney be permitted to work as a legal aid paralegal and reduce the period of the suspension by such employment. (Mike Frisch)

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