Rule 11-588. Aggravation and mitigation.

(a) Application. After thepresumptive sanction has been determined, aggravating and mitigatingcircumstances may be considered and weighed in deciding whether departure fromthe presumptive sanction is warranted.

(b) Aggravating circumstances. Aggravating circumstances are anyconsiderations or factors that may justify an increase in the degree ofdiscipline to be imposed. Aggravating circumstances may include:

(1)prior record of discipline;

(2)dishonest or selfish motive;

(3)a pattern of misconduct;

(4)multiple offenses;

(5)obstruction of the disciplinary proceeding by intentionally failing to complywith rules or orders of the disciplinary authority;

(6)submission of false evidence, false statements, or other deceptive practicesduring the disciplinary process;

(7)refusal to acknowledge the wrongful nature of the misconduct involved, eitherto the client or to the disciplinary authority;

(8)vulnerability of victim;

(9)substantial experience in the practice of law;

(10)lack of good faith effort to make restitution or to rectify the consequences ofthe misconduct involved; and

(11)illegal conduct, including the use of controlled substances.

(c) Mitigating circumstances. Mitigating circumstances are any considerationsor factors that may justify a reduction in the degree of discipline to beimposed. Mitigating circumstances may include:

(1)absence of a prior record of discipline;

(2)absence of a dishonest or selfish motive;

(3)personal or emotional problems;

(4)timely good faith effort to make restitution or to rectify the consequences ofthe misconduct involved;

(5)full and free disclosure to the client or the disciplinary authority prior tothe discovery of any misconduct or cooperative attitude toward proceedings;

(6)inexperience in the practice of law;

(7)good character or reputation;

(8)physical disability;

(9)mental disability or impairment, including substance abuse when:

(A)the Respondent is affected by a substance abuse or mental disability;

(B)the substance abuse or mental disability causally contributed to themisconduct;

(C)the Respondent?s recovery from the substance abuse or mental disability isdemonstrated by a meaningful and sustained period of successful rehabilitation;and

(D)the recovery arrested the misconduct and the recurrence of that misconduct isunlikely;

(10)unreasonable delay in disciplinary proceedings, provided that the Respondentdid not substantially contribute to the delay and provided further that theRespondent has demonstrated prejudice resulting from the delay;

(11)interim reform in circumstances not involving mental disability or impairment;

(12)imposition of other penalties or sanctions;

(13)remorse; and

(14)remoteness of prior offenses.

(d) Other circumstances. The following circumstances may not beconsidered as either aggravating or mitigating:

(1)forced or compelled restitution;

(2)withdrawal of Complaint against the Lawyer;

(3)resignation prior to completion of disciplinary proceedings;

(4)Complainant?s recommendation as to sanction; and

(5)failure of injured client to complain.

Effective December 15, 2020