Facts

Originating area of law: Civil litigation and client trust management. Respondent misappropriated client trust funds through repeated withdrawals over several months and failed to perform promised services, communicate with the client, or return property upon discharge.

The Review Department found that approximately $2,500 of a withdrawal was unearned and misappropriated. Although some services were later credited, the overall pattern showed reckless disregard for fiduciary duties. No intent to defraud was proven, and there was no evidence of misconduct toward other clients.

Restitution remained outstanding: $2,842 principal plus 10% interest, and $4,000 interest representing accrued interest on previously misappropriated funds.

Charges and Proceedings

The Review Department found the attorney culpable for: misappropriation of client funds, failure to act competently, failure to render an accounting, failure to communicate with the client, and failure to return client property. The court conducted an independent review and affirmed the hearing judge’s findings, emphasizing that restitution and rehabilitation were required before reinstatement.

Sanctions Table

Result and Significance

The Review Department recommended a five-year stayed suspension with five years’ probation and a minimum three years’ actual suspension, continuing until restitution and proof of rehabilitation were made. The attorney was required to pass the Professional Responsibility Examination and comply with Rule 955 (now Rule 9.20).

The opinion clarified that prolonged misappropriation without deceit still warrants severe discipline to protect the public, and that proportionality depends on mitigation and rehabilitation potential rather than client harm alone.

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