Friday, March 1, 2013

Court Rejects Bias Claim In Imposing Disbarment

In a case in which "[t]he evidence relating to the charges of failing to cooperate is central to all of the issues presented," the Nebraska Supreme Court has disbarred an attorney who was admitted to practice in 2001.

The court found that that the attorney's approach to the complaint of a client in a criminal case was "antagonistic, evasive, and untruthful throughout the investigation and the disciplinary hearing" and agreed with the referee that she demonstrated "not only a reluctance to cooperate, but belligerence and a pattern of stalling."

The attorney contended that the imposition of disbarment would demonstate the court's bias against minorities.

The court's response

We do not note in our disciplinary opinions the race of the attorney under discipline, because that is not relevant. As discussed above, disbarment is frequently the sanction in any case involving misappropriation of client funds, failure to cooperate with Counsel for Discipline, anf lying during a disciplinary investigation. This is true regardless of an attorney's gender, race, ethnicity or religion.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/03/court-rejects-bias-claims-in-imposing-disbarment.html

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