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To: Jezebelle

I see on lying being covered under F.

As far as restitution, aggrevating circumstance would be before anyone was ordered to pay restitution. It would be a matter of showing willingness to make good. Of course this is probably meant more for cases were lawyers have looted estates or similar financial ethical violations.


304 posted on 01/26/2007 8:12:29 PM PST by JLS
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To: JLS

Well, partly. But it usually means that the lawyer was ordered to make restitution as part of a previous sanction from the bar, and didn't do it. But yes, I think it also means that if a lawyer misappropriates monies from his trust account, comingles, overbills, bilks a client into gifting the lawyer money or property, bills for services not actually provided, or refuses to refund unused fees, those kinds of violations would be the basis for a complaint, and would occur before a disciplinary order was entered against the lawyer.

I really don't see how it would apply in this case.

Paying some restitution before a disciplinary action is commenced could be a mitigating factor, I would think, unless it was paid as a result of an administrative decision entered after forcing the client/victim into some sort of arbitration.


305 posted on 01/27/2007 2:20:40 AM PST by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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