Friday, June 10, 2011

Collateral Estoppel In Bar Discipline.

The New York Appellate Division for the Third Judicial Department has held that principles of collateral estoppel established misconduct by an attorney in proceedings before a bankruptcy court. The bankruptcy court had found that the attorney engaged in acts of misconduct and referred the matter to disciplinary authorities.

As to sanction:

In determining an appropriate disciplinary sanction, we measure respondent's misconduct against his extremely stressful family circumstances, his lack of adverse prior discipline, his expression of remorse, and his hitherto excellent personal and professional reputation as evidenced by the character affidavits that he has submitted and his public and pro bono contributionsto various causes. We conclude that, under all of the particular circumstances presented, respondent should be censured.

The misconduct involved a false statement and false accusations against the bankruptcy judge.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2011/06/the-new-york-appellate-division-for-the-third-judicial-department-has-held-that-collateral-estoppel-established-misconduct-by.html

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