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In re Casanova11/22/2002
to discharge his professional duties. In fact, Respondent seems to be a basically competent lawyer but lacks or has forgotten skills related to the business aspects of practicing law -- heretofore unable to recognize and correct serious problems with his business practices and unwilling to place limitations upon his practice and the number of clients which might be adequately, professionally served by him. Respondent also seems to lack a sincere and healthy respect for the disciplinary process, exhibiting a reluctantly reactive rather than proactive approach to addressing disciplinary matters that involve him.
There seems to be a good chance for Respondent's reform -- but not without serious correction, rehabilitation and, unfortunately, deterrence. Four separate previous admonitions for similar professional negligence did not have the effect of correcting Respondent's professional shortcomings nor of deterring Respondent from committing further similar acts of misconduct nor of protecting the public or the legal profession as a whole. . . . A license to practice law is both a privilege and responsibility which must not be taken for granted. The safety and confidence of the general public -- especially those individuals who might one day become Respondent's clients -- together with the integrity of the legal profession and the disciplinary process demand more than just another simple, easily-forgotten warning to Respondent.
Based on this reasoning, the committee recommended respondent be suspended from the practice of law for eighteen months, with all but six months deferred. Prior to reinstatement, the committee recommended that respondent be required to attend not less than six additional hours of CLE specifically related to law office management, and that upon reinstatement, he be placed on supervised probation for a period of eighteen months "for the purpose of ensuring that Respondent's list of active clients does not swell again to such numbers as to overwhelm and greatly exceed Respondent's abilities to serve them effectively/professionally and for the purpose of monitoring Respondent's office and business practices regarding the manner in which he is servicing those clients."
Neither respondent nor the ODC filed an objection to the hearing committee's recommendation.
Disciplinary Board Recommendation
The disciplinary board agreed that the hearing committee's factual findings are supported by the record, and that the hearing committee correctly applied the Rules of Professional Conduct. With respect to the failure to cooperate charges, the board found respondent acted knowingly or negligently and that his actions caused harm by requiring the ODC to expend additional time and money in attempting to obtain information and a response from him. With respect to the client-related charges (neglect of legal matters, failure to communicate with clients, and failure to properly terminate the representation), the board found respondent acted negligently and that his actions, in some cases, caused harm or potential harm to his clients. The board concurred in the aggravating and mitigating factors cited by the hearing committee.
Considering the ABA's Standards for Imposing Lawyer Sanctions and the prior jurisprudence, the board concluded the baseline sanction for respondent's misconduct is a one-year suspension from the practice of law. In this case, however, the board felt an upward deviation was warranted in light of the fact that five clients were harmed by respondent's knowing or negligent misconduct, and considering the aggravating factors, particularly respondent's prior disciplinary record. The board agreed with the hearing committee tha
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