Friday, May 2, 2014

Lawyers, Guns And Briefcases

From the May 2014 online California Bar Journal

[An attorney] was suspended for two years, stayed, placed on two years’ probation with an actual 30-day suspension and ordered to take the MPRE. The order took effect March 8, 2014.

In 2010, [the attorney] pleaded no contest to one misdemeanor count of unlawfully purchasing/receiving a firearm. When he committed the crime, [he] was the subject of a criminal protective order which prohibited him from owning, possessing, purchasing, or attempting to purchase a firearm.

On Jan. 12, 2012, [the attorney] met with a client he was representing in a divorce case who brought with her a gun she wanted [him] to return to her husband. After the meeting [the attorney] asked his assistant to put away items in his office. The assistant placed the gun in [the attorney's] briefcase which [he] mistakenly brought with him to the courthouse the next day. Security officers discovered the gun when [he] put the briefcase through the metal detector. [He] was ultimately arrested.

In mitigation, [he] cooperated by entering into a stipulation with the State Bar prior to trial.

[The attorney] had one prior record of discipline, a 2013 private reproval for accepting compensation for representing a client from another party, and failing to promptly return client files and unearned fees.

http://lawprofessors.typepad.com/legal_profession/2014/05/lawyers-guns-and-briefcases.html

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