Tuesday, April 21, 2009

Should a lawyer be suspended from practice for driving too fast?

Here is a new case that involves the often debated issue of whether an attorney should be sanctioned for conduct not related to the practice of law. In this case, the lawyer was involved in three incidents involving speeding violations--one of them for driving 140 mph in a 70 zone. In another traffic stop the police found marijuana in his car but the charges were later dismissed. Based on these facts, the lawyer agreed to a four month suspension.

The marijuana possession is clearly an indication that there may be a more serious problem behind the conduct, but for the sake of argument, let's assume the only issue was the traffic violations. Assume you have a lawyer who is stopped for driving 140 mph in a 70 mph zone and assume he or she has had numerous traffic violations for speeding. Should that alone justify imposing sanctions? What if the person is a candidtate for admission; should that conduct be considered in determining whether the candidate should be admitted?

Thanks to the Legal Profession Blog for the information.

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