Delay Does Not Prevent Sanction

The Massachusetts Supreme Judicial Court affirmed the order of a single justice disbarring an attorney for misappropriation of client funds. The court rejected the contention that any delay in the proceedings was a basis to avoid the otherwise appropriate discipline. The delays were justified because the Bar Counsel was investigating a series of ethical complaints and were, in part, an accommodation to the lawyer’s schedule. Because the ultimate issue in any bar discipline matter is the present fitness of the accused lawyer to practice law, delay only merits consideration if there is prejudice in the ability to defend against the charges. (Mike Frisch)