"The Committee thus properly could conclude that defendant’s independent professional judgment on behalf of Mrs. Goodman would be or was likely to be affected by his acceptance of employment by Mrs. Moore.”
How later courts described this case
- "The Committee thus properly could conclude that defendant’s independent professional judgment on behalf of Mrs. Goodman would be or was likely to be affected by his acceptance of employment by Mrs. Moore.”
Written by the judges who cited it.
The opinion
Judge JOHNSON
dissenting.
I respectfully dissent from the majority opinion. The majority opinion aptly states the standard of proof in attorney disbarment proceedings. I do not agree that there was clear, cogent, and convincing evidence to support a conclusion that defendant violated all of the disciplinary rules as alleged. After applying the “whole record” test I cannot agree with the majority opinion that defendant’s multiple representation violated DR 5405(A). Moreover, findings of fact twenty-four (24), twenty-five (25), and twenty-six (26) do not support the Commission’s conclusion of law that defendant violated DR 5-105(A). The evidence, when considered as a whole, was not substantial so that a reasonable person might accept it as adequate to support the Commission’s conclusion that defendant violated DR 5405(A). I vote to reverse the Commission’s conclusion that defendant violated DR 5-105(A) and remand the order of discipline for reconsideration.