Thursday, February 2, 2012

The Guiding Principle In Reciprocal Discipline

The New York Appellate Division for the First Judicial Department has reciprocally suspended an attorney on terms identical to that imposed in Florida. The misconduct involved the attorney's acceptance of a retainer while serving a previously-imposed suspension.

The court identified the pertinent policy considerations in determing the appropriate sanction:

As to the appropriate sanction, it is generally accepted that the state where an attorney lived and practiced law at the time of the offense has the greatest interest in the matter and in the public policy considerations relevant to the disciplinary action. Therefore, great weight should be accorded to the sanction administered by the state where the charges were originally brought.

In this matter, Florida determined that the appropriate sanction for respondent's conduct was a three-year retroactive suspension and costs, which falls within the range of sanctions that this Court has ordered for failing to comply with a court order. This Court has previously imposed retroactive suspensions, per the original jurisdictions' orders, and there is no reason not to do so here. (citations omitted)

Makes sense to me. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2012/02/the-new-york-appellate-division-for-the-first-judicial-department-has-reciprocally-suspended-an-attorney-on-terms-identical-t.html

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