Friday, May 3, 2013

A Theft By Any Other Name

On review of a hearing panel order of a 45-day suspension, the Michigan Attorney Discipline Board found that the sanction was "insufficient" and imposed disbarment.

The attorney had converted $9,200.00 in fees paid by clients ans owed to his firm. Then, "[w]hen confronted about the first instance discovered by his employer, he lied and said it was an isolated incident. He reiterated this false statement a few days later amd ultimately admitted the truth only when the firm discovered additional instances of his conversion."

The board concluded that

The conduct here may be described as intentional misappropriation, knowing conversion, or simply as theft. However it is described, there is a great deal of consistency in the decisions of this Board with respect to the appropriate sanctions for this fumdamentally dishonest conduct. Whether the funds are client funds or third party funds, the presumptive sanction is disbarment.

(Mike Frisch) 

http://lawprofessors.typepad.com/legal_profession/2013/05/on-review-of-a-hearing-panel-order-of-a-45-day-suspension-the-michigan-attorney-discipline-board-found-that-the-sanction-was.html

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