Sanctions - Aggravating and Mitigating Factors

Question 1

The ABA standards for Imposing Lawyer Sanctions identify 4 factors that courts should consider in imposing appropriate discipline involving the following concerns
1. ?
2.
3.
4.

Answer 1

1. the duty violated

Question 1

The ABA standards for Imposing Lawyer Sanctions identify 4 factors that courts should consider in imposing appropriate discipline involving the following concerns
1.
2. ?
3.
4.

Answer 1

2. the lawyer’s mental state (intentional or negligent)

Question 2

The ABA standards for Imposing Lawyer Sanctions identify 4 factors that courts should consider in imposing appropriate discipline involving the following concerns
1.
2.
3. ?
4.

Answer 2

3. the seriousness of the actual or potential injury AND

Question 3

The ABA standards for Imposing Lawyer Sanctions identify 4 factors that courts should consider in imposing appropriate discipline involving the following concerns
1.
2.
3.
4. ?

Answer 3

4. the existence of aggravating and mitigating factors

Question 4

Although the terms very among jurisdictions, sanctions generally include:
1.
2.
3.
4.

Answer 4

1. disbarment
2. suspension
3. public reprimand
4. private reprimand

Question 5

________ a permanent separation from the bar and with no chance of reinstatement in some jurisdictions

Answer 5

disbarment

Question 6

_______ a removal from the bar for a set period often ranging between 6 to 24 months, that permits the lawyer upon satisfactorily completing the suspension to automatically apply for reinstatement

Answer 6

suspension

Question 7

_________ _______ a type of public censure with no removal from practice.

Answer 7

public reprimand

Question 8

_______ _________ a non-public admonition also without removal from practice.

Answer 8

private reprimand

Question 9

The court may also order the respondent to make full ___________ to the complainant and attend and pay for a substance abuse or other treatment program.

Answer 9

restitution

Question 10

After establishment of misconduct, ________ _________ calling for a more serious sanction

Answer 10

aggravating factors

Question 11

After establishment of misconduct, aggravating factors calling for a more serious sanction include:
1. ?
2.
3.
4.
5.
6.
7.
8.
9.

Answer 11

1. Prior disciplinary offenses

Question 12

After establishment of misconduct, aggravating factors calling for a more serious sanction include:
1.
2. ?
3.
4.
5.
6.
7.
8.
9.

Answer 12

2. a dishonest or selfish motive

Question 13

After establishment of misconduct, aggravating factors calling for a more serious sanction include:
1.
2.
3. ?
4.
5.
6.
7.
8.
9.

Answer 13

3. a pattern of misconduct

Question 14

After establishment of misconduct, aggravating factors calling for a more serious sanction include:
1.
2.
3.
4. ?
5.
6.
7.
8.
9.

Answer 14

4. multiple offenses

Question 15

After establishment of misconduct, aggravating factors calling for a more serious sanction include:
1.
2.
3.
4.
5. ?
6.
7.
8.
9.

Answer 15

5. a lack of cooperation

Question 16

After establishment of misconduct, aggravating factors calling for a more serious sanction include:
1.
2.
3.
4.
5.
6. ?
7.
8.
9.

Answer 16

6. the submission of false evidence, false statements, or other deceptive conduct during the disciplinary process

Question 17

After establishment of misconduct, aggravating factors calling for a more serious sanction include:
1.
2.
3.
4.
5.
6.
7. ?
8.
9.

Answer 17

7. a refusal to acknowledge wrongdoing

Question 18

After establishment of misconduct, aggravating factors calling for a more serious sanction include:
1.
2.
3.
4.
5.
6.
7.
8. ?
9.

Answer 18

8. the failure to make restitution

Question 19

After establishment of misconduct, aggravating factors calling for a more serious sanction include:
1.
2.
3.
4.
5.
6.
7.
8.
9. ?

Answer 19

9. the vulnerability of and resulting harm to victims of the misconduct

Question 20

Some _______ _______ favoring a lesser sanction

Answer 20

mitigating factors

Question 21

Some mitigating factors favoring a lesser sanction:
1. ?
2.
3.
4.
5.
6.
7.
8.
Another common mitigating factor is the lawyer’s remorse for the misconduct.

Answer 21

1. the lack of a prior disciplinary record

Question 22

Some mitigating factors favoring a lesser sanction:
1.
2. ?
3.
4.
5.
6.
7.
8.
Another common mitigating factor is the lawyer’s remorse for the misconduct.

Answer 22

2. the absence of a dishonest or selfish motive

Question 23

Some mitigating factors favoring a lesser sanction:
1.
2.
3. ?
4.
5.
6.
7.
8.
Another common mitigating factor is the lawyer’s remorse for the misconduct.

Answer 23

3. a timely, good faith effort to make restitution or rectify the consequences of misconduct

Question 24

Some mitigating factors favoring a lesser sanction:
1.
2.
3.
4. ?
5.
6.
7.
8.
Another common mitigating factor is the lawyer’s remorse for the misconduct.

Answer 24

4. full disclosure

Question 25

Some mitigating factors favoring a lesser sanction:
1.
2.
3.
4.
5. ?
6.
7.
8.
Another common mitigating factor is the lawyer’s remorse for the misconduct.

Answer 25

5. cooperation during the process

Question 26

Some mitigating factors favoring a lesser sanction:
1.
2.
3.
4.
5.
6. ?
7.
8.
Another common mitigating factor is the lawyer’s remorse for the misconduct.

Answer 26

6. imposition of other penalties (e.g., loss of employment)

Question 27

Some mitigating factors favoring a lesser sanction:
1.
2.
3.
4.
5.
6.
7. ?
8.
Another common mitigating factor is the lawyer’s remorse for the misconduct.

Answer 27

7. good character or reputation

Question 28

Some mitigating factors favoring a lesser sanction:
1.
2.
3.
4.
5.
6.
7.
8. ?
Another common mitigating factor is the lawyer’s remorse for the misconduct.

Answer 28

8. existence of a medical disorder