Thursday, September 30, 2010

What is the proper level of sanction?

I have often commented on inconsistent sanctions for similar conduct. Here is a link to a comment on this subject by Carolyn Elefant, a solo practitioner who runs a very good blog called "MyShingle". Her post is called "Solo Suspended for Trust Error But Biglaw Unscathed for Botching Capital Appeal" and it is available here. She seems to favor flexibility in sanctioning and that sanctions should be based on case by case evaluation of the circumstances. She discusses a specific case where she believes the authorities should have been lenient even though the conduct involved violations of rules related to handling client's money.

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