Thursday, June 21, 2012

No Lesser Sanction

The Michigan Attorney Discipline Board has found no basis to reverse the action of a hearing panel in a case involving allegations of misappropriation.

The hearing panel concluded that misappropriation is a per se offense and ordered disbarment.

The attorney appealed, claiming that this ruling had "precluded him from from introducing evidence of his intent in handling estate funds at issue in this matter, and that the discipline imposed was too severe."

The board held that the attorney's "claimed inadvertence" was properly considered in the mitigation phase of the proceeding but did not warrant any lesser sanction than that imposed by the hearing panel. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2012/06/no-lesser-sanction.html

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