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Matter of Carrasco11/12/1993
les or orders of the disciplinary agency. Factors present in mitigation are remorse and inexperience in the practice of law.
Based on the foregoing Standards it is apparent that suspension is the proper sanction for Respondent's misconduct. To determine the appropriate length of that suspension, the Commission has reviewed recent cases which have dealt with similar misconduct. In In re Feeley, 168 Ariz. 436, 814 P.2d 777 (1991), the respondent allowed a client's lawsuit to be dismissed due to his lack of diligence and competence, failed to take action to set aside the dismissal, failed to keep his clients informed about the status of their lawsuit, and misrepresented to his clients that their case had been set for trial, when he knew it had been dismissed. Respondent Feeley was suspended for six months and ordered to make restitution. In In re Anderson, 163 Ariz. 362, 788 P.2d 95 (1990), the respondent was suspended for three months for failing to act with reasonable diligence and promptness, neglecting matters entrusted to him, failing to communicate with his client regarding the status of his case, and failing to cooperate and respond to the State Bar's inquiries. Although Respondent Anderson was only suspended for three months, he did not deliberately mislead a client. In addition, Respondent Carrasco's lack of diligence resulted in injury to two clients.
The purpose of lawyer discipline is not to punish the offender, but to protect the public, the profession, and the administration of Justice. In re Neville, 147 Ariz. 106, 708 P.2d 1297 (1985). Upon review of
the facts in these matters, particularly in light of Respondent's conduct in dealing with Client A, the Commission does not believe a suspension of less than six months would fulfill that purpose. In addition, the Commission believes that the recommended assistance of the LOMAP program should prevent any future problems of this kind. The Commission also recommends that Respondent make restitution to Client B in the amount of $350.
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