New Mitigating Factor for Attorney Misconduct

Compassion fatigue qualifies as a mitigating factor in lawyer misconduct bar disciplinary proceedings, according to a state supreme court that considered the question. Still, the court upheld the attorney’s disbarment.

The court recommended that the state bar association’s disciplinary board should have considered emotional problems a mitigatory factor in the attorney misconduct case. ABA Section of Litigation leaders say the court’s opinion provides a new mitigating factor that may be available to attorneys in certain circumstances during bar disciplinary proceedings.