Monday, November 4, 2013

Selective Impairment Claim Does Not Wash

The Michigan Attorney Discipline Board has increased a tri-county hearing panel's sanction of a 180 day and fitness suspension to disbarment, finding that the attorney's claimed mitigation of alcoholism and depression did not cause his conversion of client retainers:

...while respondent's alcohol dependency and depression was undoubtedly real, the evidence simply does not support the claim of respondent that he was selectively impaired, i.e., that he was competent to try cases and comment upon them to the media, but that he could not manage "the business side of his practice."

The board also ordered restitution to two clients, regardless of whether the respondent seeks reinstatement.

The Examiner.com had the story. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/11/the-michigan-attorney-discipline-board-has-increased-a-tri-county-panels-sanction-of-a-180-day-suspension-to-disbarment-find.html

Bar Discipline & Process | Permalink

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