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In re Armant11/19/2004
rt Rule XIX, Appendix E and this court's prior jurisprudence, it found permanent disbarrment was appropriate.
The committee found the following aggravating factors were present: dishonest or selfish motive, a pattern of misconduct, multiple offenses, bad faith obstruction of the disciplinary proceeding by intentionally failing to comply with rules or orders of the disciplinary agency, and refusal to acknowledge the wrongful nature of the conduct. It found no mitigating factors.
Accordingly, the committee recommended that respondent be permanently disbarred, make full restitution to his victims, and be assessed with all costs of these proceedings.
Neither respondent nor the ODC objected to the hearing committee's recommendation.
02-DB-105
Formal Charges The formal charges in 02-DB-105 allege that respondent's conduct constitutes a violation of the following Rules of Professional Conduct: Rules 1.1, 1.3, 1.4, 1.5(f)(6) (failure to refund an unearned fee), 1.15, 1.16(d), 3.2, 5.5 (engaging in the unauthorized practice of law), 8.4(a) (violation of the Rules of Professional Conduct), 8.4(b) (commission of a criminal act reflecting adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer), 8.4(c), and 8.4(g), as well as a violation of Supreme Court Rule XIX, § 9(c).
Respondent was served with the formal charges via certified mail. However, he failed to answer or other reply. Accordingly, the factual allegations contained therein were deemed admitted and proven by clear and convincing evidence pursuant to Supreme Court Rule XIX, § 11(E)(3). No formal hearing was held, but the parties were given an opportunity to file with the hearing committee written arguments and documentary evidence on the issue of sanctions. Respondent filed nothing for the hearing committee's consideration.
Hearing Committee Recommendation
The committee determined that respondent violated the Rules of Professional Conduct as alleged in the formal charges. The committee also made factual findings in each count that mirror the facts stated above in the formal charges section.
The committee determined respondent commingled and converted funds and failed to provide accountings for his fees or refund unearned fees. It further found he failed to communicate with his clients or provide diligent representation to them, and also failed to cooperate with the ODC in its investigations. Furthermore, it concluded respondent engaged in the unauthorized practice of law by accepting the representation of a client after he had been suspended from the practice of law, an act which harmed his client, the public, the legal system, and the profession.
Based on the ABA's Standards for Imposing Lawyer Sanctions, the committee determined the baseline sanction for respondent's misconduct was disbarrment. However, the committee also recognized that respondent's misconduct falls into two of the permanent disbarrment guidelines.
In aggravation, the committee found prior disciplinary offenses, dishonest or selfish motive, a pattern of misconduct, bad faith obstruction of the disciplinary proceeding by intentionally failing to comply with rules or orders of the disciplinary agency, and indifference to making restitution. The committee found no mitigating factors were present.
Based on these findings, the committee recommended that respondent be permanently disbarred from the practice of law. Furthermore, he should be assessed with all costs of these proceedings.
Neither respondent nor the ODC objected to the hearing committee's recommendation.
02-DB-042 & 02-DB-105
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