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In re Walker9/22/2000
y in resolution of the malpractice claim was an aggravating factor, noting the case had already prescribed.
Considering these factors, the board concluded the twelve month deferred suspension recommended by the committee was an appropriate sanction under the facts. However, in light of the numerous mitigating factors, the board declined to adopt the committee's recommendation of probation and conditions.
Neither the ODC nor respondent filed an objection in this court to the board's recommendation.
DISCUSSION
The record supports the findings of the hearing committee and disciplinary board. Respondent failed to take any action on Mrs. Clement's behalf, and misled her into believing her case was proceeding, when in fact it was not. However, significant mitigating factors are present, including the absence of victim harm, respondent's self-reporting of his misconduct and his lack of a prior disciplinary record. Under these circumstances, we conclude the one year fully deferred suspension recommended by the disciplinary board is appropriate under the facts.
DECREE
Upon review of the findings and recommendations of the hearing committee and disciplinary board, and the record filed herein, it is the decision of the court that the disciplinary board's recommendation be adopted. Accordingly, it is ordered that respondent, Thomas L. Walker, be suspended from the practice of law for a period of one year, deferred in its entirety. All costs and expenses of these proceedings are assessed against respondent in accordance with Supreme Court Rule XIX, ยง10.1, with legal interest commencing thirty days from the date from the finality of the court's judgment until paid.
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