This is a decision of the hearing board of the ARDC. The board found that the lawyer withdrew $45,100 from a trust without performing sufficient legal services to withdraw that amount. No bills were submitted and the lawyer did not explain the basis for his collection of the legal fees. The Hearing Board recommended a two-year suspension. The Hearing Board explained that the lawyer’s age was not a factor in the decision, but his failure to attend the hearing was.
“Respondent’s failure to attend the disciplinary hearing has also left us with no explanation for his actions and no evidence in mitigation to take into account. We note that Respondent is 94 years old and had not been previously disciplined since his admission to practice in 1944. While we are cognizant of Respondent’s advanced aged as well as his lack of prior discipline over his long career, we do not give these factors great weight in light of the serious nature of his misconduct, the substantial aggravation, and the lack of any evidence Respondent was suffering from any impairment.”
Edward X. Clinton, Jr.
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