Wednesday, July 20, 2011

A Matter Of Intent

A recent decision of the Maryland Court of Appeals:

An indefinite suspension with the right to reapply for admission after sixty days is the appropriate sanction where the hearing judge made no findings, by clear and convincing evidence, that the attorney’s misappropriation of client fees was either intentional or knowing. But, under the
circumstances the hearing judge found by clear and convincing evidence that the attorney
placed unearned fees into his operating account before completion of the work to be
performed, failed to represent his client diligently, failed to keep proper Attorney Trust
Account records, but, did not knowingly or intentionally mislead Bar Counsel or his
investigator in failing to produce records, in a timely manner.

In money cases, intent is everything when it comes to sanction. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2011/07/a-matter-of-intent.html

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