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Milligan v. Board of Professional Responsibility of the Supreme Court of Tennessee6/28/2005
professional manner and imposed a two-year suspension. The trial court approved the two-year suspension imposed by the Hearing Panel, and this Court affirmed. Id. at 865, 867.
Whether one concludes that Milligan's conduct was "criminal," as the Hearing Panel found, or a series of inadvertent mistakes, as the trial court found, it is apparent to us, on de novo review, that Milligan's conduct seriously and adversely reflected on the lawyer's fitness to practice law. Not only did Milligan misappropriate client funds, he also procured a false notarization of the release in the Johnson Matter. This conduct involves dishonesty and deceit. Such conduct also seriously and adversely reflects on his fitness to practice law. Based on the violations and the relevant case law, it is apparent that Milligan's sanction must involve a period of suspension.
In determining the appropriate period of suspension, we consider also any applicable aggravating and mitigating circumstances. "Aggravating and mitigating circumstances are any considerations or factors that may justify an increase or reduction in the degree of discipline to be imposed." Maddux, 148 S.W.3d at 41. In the case at bar, the Hearing Panel found and applied the following five aggravating factors: (1) Milligan received a public censure in 1994; (2) Milligan received a public admonition in 1995; (3) Milligan received a private informal admonition in 1987; (4) in 1999, Milligan (as required by the Board) consulted with and was advised by Suzanne Rose, the "Tennessee Bar Law Practice Management Consultant," about recommended changes in his accounting procedures and failed to comply with her recommendations; and (5) Milligan failed to fully cooperate with Leroy Bible in direct violation of a Supreme Court order.
After a thorough review of the record, we are unable to conclude that Milligan did not cooperate with Leroy Bible's audit. Although there is testimony that Milligan was evasive in response to Bible's questioning, there is insufficient evidence showing that he deliberately thwarted Bible's investigation. However, the evidence does support the remaining four aggravating factors (his three prior sanctions and his failure to properly comply with Suzanne Rose's recommendations).
The Panel also found and applied one mitigating factor: that Milligan "ultimately made good the checks returned for insufficient funds and there is no evidence that any individual lost money as a result of [Milligan's] actions." We agree that this factor should mitigate any sanction we impose, and we have considered it as a mitigating factor.
Accordingly, based on the severity of Milligan's violations, the applicable aggravating and mitigating circumstances, the relevant case law, and the entire record, we conclude that a two-year suspension from the practice of law is appropriate. It is further ordered that Milligan shall comply in all respects with Tennessee Supreme Court Rule 9, and specifically with section 18 regarding the obligations and responsibilities of suspended attorneys. Costs of this review are taxed to the appellee, James L. Milligan, Jr., or his surety, for which execution may issue if necessary.
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