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In re Moak6/16/2003
awyer's interests above those of his client. This count, too, reflects serious misconduct.
C.
Moak's pattern of misconduct and the multiple serious offenses he committed serve as substantial aggravators, which significantly change the balance of mitigating and aggravating factors. Unlike the situation in In re Alcorn and Feola, which involved a single aggravating factor, Moak's actions demonstrate a pattern of serious ethical lapses.
Both parties tell us that Moak's remorse and repayment to the injured parties, found as a mitigating factor, sufficiently demonstrate rehabilitation, and suggest that any discipline requiring Moak to demonstrate rehabilitation is unnecessary. Moak's actions, however, do not show his commitment to remedying the serious ethical deficiencies demonstrated in this disciplinary proceeding. Even though Moak made restitution to his victims, he failed to take measures dedicated to improving his understanding of the ethical duties associated with being a member of the State Bar. During the years since Moak's misconduct, for example, he could have enlisted a practice monitor, taken ethics enhancement classes or attended more than the minimum required ethics continuing legal education programs. We are unsure whether Moak fully understands and appreciates the duties imposed by the Rules of Professional Conduct and the magnitude of his transgressions. As a result, we are unpersuaded by this record that similar violations will not occur in the future.
IV.
For the foregoing reasons, we order Moak suspended from the practice of law in Arizona for six months and one day, beginning thirty days from the date of this opinion. Probation or conditions of reinstatement may be appropriate upon reinstatement; we leave this matter for consideration when Moak applies for reinstatement.
Ruth V. McGregor, Vice Chief Justice
CONCURRING:
Charles E. Jones, Chief Justice
Rebecca White Berch, Justice
Michael D. Ryan, Justice
Andrew D. Hurwitz, Justice
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