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In re Patrick3/15/2002
otential and actual harm to his clients and the legal profession. He has converted a substantial sum of funds owed to Mr. Guillory, England-Masse and Ms. Poullard, as well as Mr. Moss, who was incarcerated at the time. England-Masse and Ms. Poullard had to undergo inconvenience and expense to obtain monetary judgments against respondent for his professional misconduct.
The disciplinary board did not identify any mitigating factors, and we are unable to discern any from the record. By contrast, significant aggravating factors are present, including respondent's substantial experience in the practice of law, the presence of multiple offenses and his indifference to making restitution.
Had the instant charges been filed simultaneously with those charges forming the basis of respondent's earlier disbarrment, they would have only reinforced our view that respondent lacks the moral fitness to practice law and must be disbarred, both as a sanction for his misconduct and to protect the public. Therefore, as in Chatelain, we will adjudge respondent guilty of additional violations which warrant disbarrment and which will be added to his record for consideration in the event he applies for readmission after becoming eligible to do so. We further emphasize that although respondent may have a procedural right to apply for readmission, this court retains absolute discretion to grant or deny such an application. In light of respondent's lengthy history of egregious misconduct, this court will carefully scrutinize any application for readmission with a critical eye.
In sum, without passing on the question of whether we could apply the permanent disbarrment rules to this case, we elect in our discretion to resolve this case under the principles set forth in Chatelain. Accordingly, respondent is adjudged guilty of additional violations which warrant disbarrment and which will be added to his record for consideration in the event he applies for readmission after becoming eligible to do so.
DECREE
For the reasons assigned, respondent, Robert E. Patrick, is adjudged guilty of additional violations which warrant disbarrment and which will be added to his record for consideration in the event he applies for readmission after becoming eligible to do so. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, ยง10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.
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