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In re Member of the Bar of the Supreme Court of Delaware6/13/2000
s, the Court is guided by its prior precedents. Those prior precedents reflect, inter alia, that this Court has cited, with approval, the ABA Standards for Imposing Lawyer Sanctions.
When deciding upon the appropriate sanction, the Court must consider that " he primary purpose of disciplinary proceedings is 'to protect the public; to foster public confidence in the Bar; to preserve the integrity of the profession; and to deter other lawyers from similar misconduct.'" The lawyer discipline system was not designed to be either punitive or penal in nature. The American Bar Association Standards for Imposing Lawyer Sanctions ("ABA Standards") that are most relevant in Benge's case provide:
9.22 Aggravating factors include:
(a) prior disciplinary offenses; . . .
(c) a pattern of misconduct;
(d) multiple offenses; . . .
(g) refusal to acknowledge wrongful nature of conduct; . . .
(i) substantial experience in the practice of law;
(j) indifference to making restitution.
4.42 Suspension is generally appropriate when:
(a) a lawyer knowingly fails to perform services for a client and causes injury or potential injury to a client; or
(b) a lawyer engages in a pattern of neglect and cause injury or potential injury to a client.
8.2 Suspension is generally appropriate when a lawyer has been reprimanded for the same or similar misconduct and engages in further acts of misconduct that cause injury or potential injury to a client, the public, the legal system or the profession.
The most recent ethical violations found by the Board, to which Benge has filed no objections, occurred at a time when Benge was already serving a period of public probation for prior violations of the Delaware Lawyer Code of Professional Responsibility. Benge's record reflects a persistent pattern of client neglect that has continued unabated despite the imposition of a private admonition with a private probation and the subsequent imposition of a public reprimand with a public probation. Benge's disciplinary history demonstrates an inexcusable disregard for his responsibilities to his clients as an officer of this Court. Accordingly, we have concluded that an appropriate sanction must include a period of suspension because Benge was already on probation for prior ethical violations when he engaged in further acts of professional misconduct. This Court orders that:
(1) Benge shall be prohibited and suspended from engaging in the practice of law for a period of one year commencing July 1, 2000 and ending upon his reinstatement, for which application may be made after June 30, 2001.
(2) During the suspension, Benge shall conduct no act directly or indirectly constituting the practice of law (including the sharing or receipt of any legal fees).
(3) Benge shall comply with the provisions of Rule 24 of the rules of the Board on Professional Responsibility.
(4) Benge shall arrange with another member or members of the Delaware Bar to protect the interests of his clients during the period of suspension, and shall submit to this Court on or before September 1, 2000, a certificate of compliance with this paragraph, co-signed by the attorney or attorneys who have undertaken such assignment.
(5) Benge shall pay the costs of the proceedings before the Board.
(6) Benge shall reimburse his client, ACC, in the amount of $3,315.44, plus interest.
(7) This Opinion shall be disseminated by Disciplinary Counsel in accordance with Rule 3 and rule 14 of the rules of the Board on Professional
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