Let's assume that an attorney devotes a substantial amount of time to preparing an appeal brief, but, even after having been granted five extensions, was unable to submit the brief in a timely manner. Then the attorney decides to try to get away with it by placing a back-dated stamp on the envelope and lying to the court about whether the brief was filed on time. In fact, the brief was four days late. After doing all this, the lawyer feels too guilty and decides to confess. The court dismisses the appeal and the lawyer has to face a disciplinary procedure. What sanction would you impose?
The Colorado Hearing Board imposed a suspension of one year and one day, with all but 60 days stayed, and probation for two years. The board gave significant mitigating weight to the attorney's "admirable action in self-reporting [the] misconduct." But for that factor, the board states that disbarment would be the appropriate sanction.
Go here for a copy of the opinion. Thanks to the Legal Profession Blog for the information and link.
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