February 06, 2019 Top Story

New Mitigating Factor for Attorney Misconduct

Court finds compassion fatigue qualifies as mitigating factor in disciplinary case

By Josephine M. Bahn

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.

Compassion fatigue qualifies as a mitigating factor in lawyer misconduct bar disciplinary proceedings

Compassion fatigue qualifies as a mitigating factor in lawyer misconduct bar disciplinary proceedings

iStockphoto by Getty Images

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.

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