Mitigating Factor

The Minnesota Supreme Court imposed an indefinite five-year suspension in a disciplinary matter involving misappropriation of the funds of six clients, forgery, false statements to clients and initial failure to cooperate with bar counsel. The attorney had admitted the misconduct. Disciplinary Counsel and the attorney recommended, and the court agreed, to consider as mitigation a number of unusual factors. The attorney had no record of unethical behavior prior to a diagnosis of a terminal heart condition. He has a 70% chance to live five years. The misconduct occurred after this diagnosis and the inevitable depression resulting from the diagnosis. The  result avoids the stigma of disbarment. (Mike Frisch)