Thursday, January 31, 2013

Eight Year Delay In Prosecution Does Not Mitigate Sanction

The District of Columbia Board of Professional Responsibility has recommended the disbarment of an attorney based on findings that he had recklessly misappropriated funds entrusted to him as a conservator.

The board noted that the hearing committee expressed concern about the delay in filing the ethics charges.

The matter was referred to Bar Counsel in 2003 by court order and the charges were filed eight years later. Although the delay was unexplained, there was no prejudice in defending the charges and no reduction of the appropriate proposed discipline.

One notable aspect of the case is that the board heard oral argument this month and issued a short report that adopted the hearing committee findings. I commend that approach.

The case is In re Lennox Simon and can be found through this link. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/01/the-diatrict-of-columbia-board-of-professional-responsibility-has-recommended-the-disbarment-of-an-attorney-based-on-findings.html

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