August 30, 2011
Not Worth Litigating
The Pennsylvania Supreme Court accepted an agreed four year suspension of an attorney for misconduct involving shortfalls in his escrow account.
The petition approved by the Disciplinary Board noted that factors of age and health justified a sanction less than disbarment. The attorney suffers from "excruciating pain" and depression as a result of an accident that led to an amputation of a portion of one leg.
While there is a dispute over the causal connection between his physical condition and the misconduct (which started prior to the accident), the suspension with fitness was deemed a sufficient sanction. The attorney avoids the stigma of disbarment and the bar avoids a drawn out proceeding over whether one more year should be added to the sanction.
This makes perfect sense to me.
D.C., are you paying attention? (Mike Frisch)
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