Narrative Opinion Summary
The case involves an attorney who voluntarily submits his resignation amid an investigation by a Grievance Committee for professional misconduct linked to his role as an executor of an estate. The attorney acknowledges his inability to defend against the charges and consents to potential monetary restitution and reimbursement requirements. The Grievance Counsel recommends the acceptance of the resignation, which the court approves, resulting in the attorney's disbarment and immediate removal from the roll of attorneys. The disbarred attorney is mandated to adhere to regulations pertinent to disbarred individuals, with explicit prohibitions on practicing law or representing himself as an attorney. Furthermore, the court orders the attorney to make restitution amounting to $52,601.87 to the American Cancer Society for misappropriated funds and to reimburse the Lawyers’ Fund for Client Protection for any awards associated with his misconduct. This restitution order may be entered as a civil judgment enforceable in any jurisdiction competent to do so.
Legal Issues Addressed
Compliance with Disbarment Rulessubscribe to see similar legal issues
Application: Upon disbarment, an attorney must adhere to specific rules, including cessation of practice and prohibition from appearing as a legal representative.
Reasoning: He is ordered to comply with rules applicable to disbarred attorneys and is prohibited from practicing law, appearing before any legal authority, providing legal opinions, or holding himself out as an attorney.
Resignation and Disbarment of Attorneyssubscribe to see similar legal issues
Application: The court accepts the voluntary resignation of an attorney under investigation for professional misconduct, which results in disbarment and removal from the roll of attorneys.
Reasoning: Consequently, the Court accepts Amaru's resignation, disbars him, and removes his name from the roll of attorneys effective immediately.
Restitution and Reimbursement Obligationssubscribe to see similar legal issues
Application: An attorney who has misappropriated funds is required to make restitution to the affected party and reimburse the Lawyers’ Fund for Client Protection for any related awards.
Reasoning: Amaru is directed to make restitution of $52,601.87 to the American Cancer Society for misappropriated funds and to reimburse the Lawyers’ Fund for any awards related to his misconduct.
Voluntary Resignation and Waiver of Rightssubscribe to see similar legal issues
Application: An attorney may voluntarily resign while waiving the right to contest future orders related to restitution and reimbursement obligations.
Reasoning: Amaru waives his right to contest any order regarding these matters and states that his resignation is voluntary and uninfluenced by coercion.