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In re A Member of State Bar of Arizona

2/9/1994

tion, his fiance (now wife) was diagnosed with a serious illness, which added greatly to his stress.


In its determination that censure is adequate, the Commission also considered the respondent's conduct since the misconduct occurred. Because of his wife's illness, the respondent has since moved to Seattle, where he took and passed the Washington bar examination in 1990. Since that time, he has been employed by a litigation firm, where he has consistently been prompt, on top of his cases, and attentive and communicative to his clients, and has received good reviews from his employers. Apparently, Gawlowski has taken this opportunity to wipe the slate clean, and correct some of the problems exhibited by his past misconduct.


The purpose of lawyer discipline is not to punish the offender, but to deter others and protect the public. In re Pappas, 159 Ariz. 516, 768 P.2d 1161 (1988). It is clear to the Commission that this respondent has taken steps to rehabilitate himself. The Commission believes that Gawlowski is no longer a danger to the public, as he has made a concerted effort to change his own behavior for the better and has, apparently, been successful. In light of the circumstances unique to this matter, imposing a suspension upon Gawlowski at this date would serve only as a punishment. The Commission recommends that the agreement for discipline be accepted and that Gawlowski be censured.


RESPECTFULLY SUBMITTED this 10th day of December, 1993.


Steven L. Bosse', Chairman


Disciplinary Commission


Copies of the foregoing were mailed this 13th day of December, 1993, to:


Timothy R. Smock, Respondent's Counsel


Post Office Box 870


Phoenix, Arizona 85001-0870


Copies of the foregoing were hand-delivered this 13th day of December, 1993, to:


Nancy A. Greenlee, Bar Counsel


111 West Monroe, Suite 1800


Phoenix, Arizona 85003-1742


ROSEMARY B. MARTIN


Disciplinary Clerk


By: E. A. Deering


Commission Secretary






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