Mitigation Not “Extremely Unusual”
An attorney’s proffered mitigation was not sufficient to allow a sanction less than disbarment for conversion of client funds and other misconduct, according to an opinion of the New York Appellate Division for the First Judicial Department.
The Referee observed that respondent “offer[ed]” no pertinent explanation and no justification whatsoever” for altering the money orders and converting her clients’ funds for own use. Although respondent stated that she was in shock and in a daze upon learning that she had missed the petition deadline for a number of clients, she could not recall whether she altered the money orders before or after the mistake came to light.
In mitigation, at the hearing, respondent compellingly demonstrated the aberrational nature of her behavior, her extreme remorse and that she has an otherwise unblemished disciplinary history. Respondent also stated that it was her intent to restore the converted funds to her clients and she actually did so, in part. Respondent’s claim of extremely unusual mitigating circumstances rests in large part on her history of providing pro bono legal services to undocumented immigrants and general service to the community. A chaplain of the New York City Fire Department, who has known respondent since 1997, confirmed respondent’s benevolence, noting that she has volunteered her time at the parish of St. Francis of Assisi where she, among other things, helped found a library and provided pro bono legal services to “hundreds of immigrants” through its immigration clinic. Respondent has also taken remedial measures to prevent future misconduct, including closing her solo practice and working for the past six years under the supervision of an experienced attorney practicing law in the area of disability civil rights. The supervising attorney, who has known respondent since they both attended law school, vouched for respondent’s overall honesty and trustworthiness.
In determining whether mitigation is “extremely unusual” this Court does not recognize remorse, the absence of a prior disciplinary record or cooperation with the DDC as a sufficient basis to avoid disbarment…
(Mike Frisch)