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In re Crews4/5/2005
his clients and the legal profession. While this Court cannot say with one hundred percent certainty that Respondent's actions ultimately cost the Plaintiffs their claim, what the Court can determine is that Respondent's actions potentially injured the Plaintiffs by effectively eliminating their opportunity to proceed with a potentially valid claim against MCM. Respondent's neglectful actions coupled with his non-credible attempt to explain those actions to his clients, the court and the DHP also potentially injure the credibility of the profession as a whole.
It should be noted that Respondent's conduct does not have to be intentional when it comes to deceiving a client in order to warrant discipline. While Respondent may not have intentionally set out to abuse the professional relationship between himself and his clients, Respondent committed misconduct when attempting to shroud his substandard actions with the varying explanations that he proffered. Further complicating his position has been the steadfast refusal to recognize his breach of ethical principles, even when given the opportunity to do so during this Court's oral argument.
V.
When determining the level of discipline to impose, the Court considers Respondent's actions, the mitigating factor that Respondent has practiced law in this state for thirty-nine years with only one minor disciplinary action, and the propriety of sanctions under the Missouri rules and the ABA model rules. Respondent is ordered suspended from the practice of law indefinitely with leave to apply for reinstatement in one year. Prior to filing for reinstatement, Respondent must (1) obtain malpractice insurance in an amount no less than $250,000, subject to the CDC's approval of the policy; (2) must complete office management, civil procedure and ethical practice continuing legal education courses totaling 15 hours of CLE's of which at least 3 hours must be ethics credits; (3) must prepare and submit for CDC approval an office management plan; and (4) must retake and successfully pass the Multistate Professional Responsibility Examination.
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