Mississippi: Lawyer Disbarred for Felony Conviction

Link for opinion: http://scholar.google.com/scholar_case?case=8119683737185704939&q=mississippi+
%2B+%22disciplinary+action%22&hl=en&as_sdt=400000000000002&as_ylo=2010


In The Mississippi Bar v. Castle, 38 So. 3d 632 (Miss 2010), the Mississippi Supreme Court disbarred a lawyer from the state’s bar association following her felony conviction in the United States District Court for the Southern District of Mississippi.

The lawyer was convicted for her involvement in a mortgage-fraud operation in which she, along with twelve others, bought inexpensive real estate through fraudulent acts and then sold the property at inflated prices. Furthermore, the co-conspirators forged documents and inflated financial information so that interested buyers who did not meet loan requirements could acquire financing. The particular lawyer’s role was to handle the loan closings for the initial purchase of the real estate as well as for the resale transactions. She also transferred money between the mortgage company and a co-conspirator and used money to pay buyers for being involved in their scheme.

The operation was uncovered when one of the prospective buyers went to the police. The lawyer was ultimately charged with bank fraud, wire fraud, conspiracy to commit money laundering, conspiracy to commit bank fraud and wire fraud, and submission of false statements. She was convicted of conspiracy to defraud the United States (count 1), frauds and swindles (counts 3-11), and money laundering (count 12). After the verdict, the lawyer was sentenced to forty-eight months for the conspiracy conviction and another forty-eight months for the frauds and swindles conviction, to be served concurrently. She was also sentenced to post-release supervision totally eight years.

Following the conviction, the Mississippi State Bar filed a formal complaint against the lawyer’s violation of Rule 6 of the Rules of Discipline for the Mississippi State Bar, with a copy of the criminal conviction attached. The lawyer did not respond.

Rule 6 states that if a lawyer is convicted of a criminal offense in and any state or federal court a certified copy of the judgment should be filed with the Supreme Court by the Complaint Counsel. Once this is done, the lawyer is immediately suspended from the practice of law. Additionally, once all appeals have been made without reversal the Court will enter an order for disbarment (Rule 6, Rules of Discipline for the Mississippi Bar).

The lawyer had exhausted all appeals and had her conviction affirmed by the appellate court, leaving the Supreme Court with no other option than to disbar her.

Mississippi: Lawyer disbarred for fee-splitting and referral-fee agreements to recruit clients and made false complaints to win tort claim

In Miss. Bar v. Arledge, 987 2d. 953 (Miss. 2009), the Mississippi Supreme Court permanently disbarred a lawyer and sentenced him to seventy-eight (78) months in prison for entering into fee-splitting and referral-fee agreement to recruit clients.

The Mississippi Supreme Court affirmed the trial court’s decision that the lawyer knowingly employed a person to solicit clients and to supply false claims in order to receive a settlement in a mass tort claim. The lawyer’s actions were found to be conspiracy pursuant to 18 U.S.C. §371, mail fraud pursuant to 18 U.S.C. 1341, and wire fraud pursuant to 18 U.S.C. in the United States District Court of the Southern District of Mississippi.

Due to the nature of the crimes charged against the lawyer, the Mississippi State Bar Association filed for disbarment pursuant to Rule 6(a), (d) of the Mississippi Rules of Discipline. The crimes for which the lawyer was convicted and sentenced are among those contemplated by Rule 6. Furthermore, the attorney has completed the appeal process, and his convictions have been affirmed by the State Supreme Court of Mississippi. In accordance to Rule 6, the attorney must be disbarred and stricken from the rolls of those licensed to practice law in the State of Mississippi.

This case teaches the importance of a lawyer’s duty to act lawfully. In addition, it tells us that a lawyer can be punished by the court and by the State Bar Association.