No Sympathy

Readers may recall that I question New Jersey’s commitment to attorney discipline from time to time.

Well, the Disciplinary Review Board proposed – and the Supreme Court accepted – reciprocal disbarment in a matter where Pennsylvania had imposed a suspension of a year and a day

…to establish knowing misappropriation, the [Office of Attorney Ethics] must prove, by clear and convincing evidence, that respondent deliberately took his client’s funds and used them, knowing that the client had not authorized him to do so. This, respondent has admitted. He attempted to mitigate his conduct, however, by offering details about his dire financial straits, the need to pay his child support, and his asserted mental health issues stemming from his father’s murder. Although these factors may engender some sympathy, “no amount of mitigation will save from disbarment an attorney who knowingly misappropriates trust funds.” Id. at 160.

Respondent committed several other ethics violations that warrant discipline. These violations, however, are less severe in nature than the knowing misappropriation of client funds, and would result in less severe discipline had they occurred on their own. Hence, in light of our recommendation, we do not address the appropriate quantum of discipline for those other violations. Respondent has admitted that he took client funds from his trust account, without authorization, and used them for his own personal benefit. In New Jersey, that misconduct requires that respondent be disbarred. We so recommend.

(Mike Frisch)