November 12, 2010
"A Command, Not A Suggestion"
An attorney who had continued to take on client matters while serving a suspension of eighteen months was disbarred by the Nebraska Supreme Court. The attorney admitted the violations but claimed mitigation based on depression.
The referee had found that the misconduct was caused by depression but "could not conclude with any degree of confidence whether treatment would substantially reduce the likelihood of future misconduct." The attorney took exception to the quoted finding.
The court accepted "for the sake of argument" that depression could be considered as a mitigating factor. However, the attorney had disobeyed the court's suspension order ("a command, not a suggestion") and thus "the only appropriate sanction is disbarment." (Mike Frisch)
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