Tuesday, September 13, 2011

Meticulous Records Show Disbarred Attorney Not Confused

The New Jersey Supreme Court has followed the recommendation of its Disiplinary Review Board and disbarred an attorney for misappropriation.

 The board and court did not accept his explanation as mitigation:

...there is evidence that respondent was motivated to take the funds because of the pressure placed on him by his wife to bring home more money and because of the financial difficulties that he was experiencing at the time.

While respondent contended that his conditions rendered him confused and unable to focus, causing him to form a reasonable belief that he was entitled to the funds, the...factors proved otherwise. Respondent meticulously and systematically withdrew funds from his trust account that were either overlooked or forgotten by their intended recipients.

 The attorney was admitted in 1974 and had no prior discipline. (Mike Frisch)


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