Thursday, October 28, 2010

Do It Yourself

The web page of the Massachusetts Board of Bar Overseers has a summary of a reprimand of an attorney who practiced while under an administrative suspension for his failure to pay Bar dues. The summary notes that the conduct was not intentional, as the attorney gave a check and the registration materials to his spouse to make the payment. It did not get done. (Mike Frisch)

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Another stipulated result.

Isn't a lawyer required to strictly supervise his subordinate non-lawyers?

More seriously, in my opinion, MRPC 5.5(a) and 8.4(d) both require knowledge or recklessness. Neither can be strict liability. That would be especially true of 8.4(d). Furthermore, 8.4(d) requires some type of “severe interference with judicial proceedings” that is “of such a serious nature that it harms our system of justice as a whole.” State ex rel. Okl. Bar Ass’n. v. Minter, 2001 Ok. 69, 37 P.3d 763, 774-5, note 55 (2001). Forgetting to pay your bar dues hardly rises to this level.


Posted by: FixedWing | Oct 28, 2010 8:12:06 AM

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