Friday, April 8, 2011

Unforgiven

The Pennsylvania Supreme Court has imposed a stipulated sanction of a six-month suspension of an attorney who had practiced in violation of an administrative suspension for non-compliance with CLE obligations. The conduct took place over an approximately one month period but included a jury trial.

The attorney had suffered serious health issues, a fire that had destroyed his family home, a terminally ill mother and a 22 year old child who had a tumor. These mitigating factors also caused severe financial strain and contributed to the violations.

I just posted a disciplinary case from New Jersey and suggested that the sanction was too lenient. Is a six-month suspension too harsh here?

We have previously observed that Pennsylvania is particularly unforgiving where there is unauthorized practice after an administrative suspension. It is also noteworthy that the attorney agreed to the suspension.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2011/04/unforgiven.html

Bar Discipline & Process | Permalink

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