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Matter of Maguire3/2/1999
tent with, and protective of, the public interest whenever a lawyer has converted a client's funds. Sanctions resulting from the misappropriation of a client's property have varied. In re Higgins, Del. Supr., 582 A.2d 929 (1990). See also In re Barrett, Del. Supr., 630 A.2d 652 (1993); In re Frabizzio, Del. Supr., 498 A.2d 1076 (1985); In re Reed, Del. Supr., 369 A.2d 686 (1977); In re Green, Del. Supr., 331 A.2d 145 (1975).
DISBARRMENT APPROPRIATE
"The misappropriation of a client's funds is one of the most egregious acts of professional misconduct that any attorney can commit." In re Higgins, Del. Supr., 582 A.2d 929, 932 (1990). Maguire has a record of repeated professional misconduct. As a result of the present proceedings, this Court was advised during oral argument, that the Lawyer's Fund for Client Protection has paid $39,840 in claims by Maguire's clients that were attributable to either his defalcations or inability to refund unearned fees. Based on our evaluation of the aggravating and mitigating factors affecting Maguire's pattern of professional misconduct that culminated in his misappropriation of client's funds, we have concluded that disbarrment is required to protect the public and to uphold the integrity of the legal profession in Delaware.
Therefore, it is adJudged and ordered, pursuant to this Court's exclusive jurisdiction over the Delaware Bar, that Michael P. Maguire be disbarred. His name shall be immediately stricken from the Roll of Attorneys entitled to practice before the courts of this State. This Opinion is to be disseminated by Disciplinary Counsel in accordance with Rules 3 and 14 of the Rules of the Board on Professional Responsibility.
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