People Are Complicated And So Are Lawyers

Disbarment is the appropriate sanction for an attorney who “skimmed” over $14,000 in funds due to his law firm, according to a decision of the Michigan Attorney Discipline Board.

The board modified a 2-1 hearing panel report that had imposed a two-year suspension.

The attorney had produced a substantial amount of character evidence consisting of nine witnesses and approximately 50 letters of support. He had been president of the Muskegon County Bar Association and had “capably represented thousands of clients over the years.”

The board was unmoved by his self-comparison to Jean Valjean

respondent was not stealing bread for his family; he was, as he admits, living beyond his means…

This is not the first case in which a “good lawyer,” who is active in professional and community affairs, has made the decision to convert funds entrusted to him or her, and, after discovery, began to examine his or her decisions…

When a competent lawyer who is well-known and perhaps even well-liked, and who may lead an otherwise respectable life, makes the decision to steal when it looks like he can get away with it, this may prove that people are complicated and that some have the ability to compartmentalize. It does not constitute compelling mitigation.

The mitigation was “artfully assembled” but not sufficient to avoid disbarment. (Mike Frisch)