Thursday, January 27, 2011

No Per Se Ethics Violation For Failure To Pay Judgment

The Michigan Attorney Discipline Board increased a 179 day suspension that had been imposed by a hearing panel to 180 days. The significance of the extra day is that it requires the suspended attorney establish his fitness to resume practice in order to obtain reinstatement.

The attorney had failed to pay state and federal employee taxes, and had written a bad check. Notably, the  board here rejected a finding of misconduct based on the attorney's failure to pay a civil judgment. The board concluded that such conduct does not establish a per se ethical rule violation. (Mike Frisch)

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