“we are not so pessimistic about the ethics of lawyers as to conclude that a lawyer who conforms to the expected standard of conduct in some respects thereby has established mitigating circumstances”
How later courts described this case
- “we are not so pessimistic about the ethics of lawyers as to conclude that a lawyer who conforms to the expected standard of conduct in some respects thereby has established mitigating circumstances”
- six-month suspension for deliberately misusing client’s funds thereby causing his client to be temporarily deprived of his liberty pursuant to copias
- absence of prior discipline and practice devoted to disadvantaged clients do not overcome harm to involved client
- past misconduct, even if unrelated to current charges, is important factor in determining level of discipline
Written by the judges who cited it.
The opinion
Nolan, J.
(dissenting). I think that a six-month suspension is too harsh. I would adopt the recommendation of the board and of the single justice for a public censure. Accordingly, I dissent.