I’ve Got A Secret

The web page of the Delaware Office of Disciplinary Counsel has a search function that permits the user to find the most recent (2016) sanctions.

One recent case summary caught my eye

DISCIPLINARY ACTION PRIVATE PROBATION. ODC File No. 112629-B.

Effective Date: April 6, 2016. A Delaware lawyer was placed on private probation for two years for violations of the Delaware Lawyers’ Rules of Professional Conduct (“Rules”) in connection with his failure to maintain his law practice’s books and records. The private sanction was offered by a Panel of the Preliminary Review Committee (“PRC”) and imposed with the consent of the lawyer. The lawyer admitted violations of Rule 1.15(d) and Rule 8.4(d). The Lawyers’ Fund for Client Protection conducted an audit in 2014 which revealed deficiencies in the books and records. The lawyer also made misrepresentations as to the status of the firm’s books and records to the Supreme Court on his 2014 Certificate of Compliance.

I am uncomfortable with the concept of “private” probation.

Also noteworthy is that Delaware retains the sanction of private admonition. (Mike Frisch)