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Rule 14-607

Rule 14-607. Aggravation andmitigation.

After misconduct has beenestablished, aggravating and mitigating circumstances may be considered andweighed in deciding what sanction to impose.

(a) Aggravating circumstances.Aggravating circumstances are any considerations or factors that may justify anincrease in the degree of discipline to be imposed. Aggravating circumstancesmay include:

(a)(1) prior record ofdiscipline;

(a)(2) dishonest or selfishmotive;

(a)(3) a pattern of misconduct;

(a)(4) multiple offenses;

(a)(5) obstruction of thedisciplinary proceeding by intentionally failing to comply with rules or ordersof the disciplinary authority;

(a)(6) submission of falseevidence, false statements, or other deceptive practices during the disciplinaryprocess;

(a)(7) refusal to acknowledgethe wrongful nature of the misconduct involved, either to the client or to thedisciplinary authority;

(a)(8) vulnerability of victim;

(a)(9) substantial experiencein the practice of law;

(a)(10) lack of good faitheffort to make restitution or to rectify the consequences of the misconductinvolved; and

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

(b) Mitigating circumstances.Mitigating circumstances are any considerations or factors that may justify areduction in the degree of discipline to be imposed. Mitigating circumstancesmay include:

(b)(1) absence of a priorrecord of discipline;

(b)(2) absence of a dishonestor selfish motive;

(b)(3) personal or emotionalproblems;

(b)(4) timely good faith effortto make restitution or to rectify the consequences of the misconduct involved;

(b)(5) full and free disclosureto the client or the disciplinary authority prior to the discovery of anymisconduct or cooperative attitude toward proceedings;

(b)(6) inexperience in thepractice of law;

(b)(7) good character orreputation;

(b)(8) physical disability;

(b)(9) mental disability orimpairment, including substance abuse when:

(b)(9)(A) the respondent isaffected by a substance abuse or mental disability; and

(b)(9)(B) the substance abuseor mental disability causally contributed to the misconduct; and

(b)(9)(C) the respondent'srecovery from the substance abuse or mental disability is demonstrated by ameaningful and sustained period of successful rehabilitation; and

(b)(9)(D) the recovery arrestedthe misconduct and the recurrence of that misconduct is unlikely;

(b)(10) unreasonable delay indisciplinary proceedings, provided that the respondent did not substantiallycontribute to the delay and provided further that the respondent hasdemonstrated prejudice resulting from the delay;

(b)(11) interim reform incircumstances not involving mental disability or impairment;

(b)(12) imposition of otherpenalties or sanctions;

(b)(13) remorse; and

(b)(14) remoteness of prioroffenses.

(c) Other circumstances. Thefollowing circumstances should not be considered as either aggravating ormitigating:

(c)(1) forced or compelledrestitution;

(c)(2) withdrawal of complaintagainst the lawyer;

(c)(3) resignation prior tocompletion of disciplinary proceedings;

(c)(4) complainant'srecommendation as to sanction; and

(c)(5) failure of injuredclient to complain.