Rule 15-607. Aggravation and mitigation.
After misconduct has beenestablished, aggravating and mitigating circumstances may be considered andweighed in deciding what sanction to impose.
(a) Aggravatingcircumstances. Aggravating circumstances are any considerations or factors thatmay justify an increase in the degree of discipline to be imposed. Aggravatingcircumstances may include:
(a)(1) priorrecord of discipline;
(a)(2) dishonestor selfish motive;
(a)(3) apattern of misconduct;
(a)(5) obstructionof the disciplinary proceeding by intentionally failing to comply with rules ororders of the disciplinary authority;
(a)(6) submissionof false evidence, false statements, or other deceptive practices during thedisciplinary process;
(a)(7) refusalto acknowledge the wrongful nature of the misconduct involved, either to theclient or to the disciplinary authority;
(a)(8) vulnerabilityof victim;
(a)(9) substantialexperience in the practice of law;
(a)(10) lackof good faith effort to make restitution or to rectify the consequences of themisconduct involved; and
(a)(11) illegalconduct, including the use of controlled substances.
(b) Mitigatingcircumstances. Mitigating circumstances are any considerations or factors thatmay justify a reduction in the degree of discipline to be imposed. Mitigatingcircumstances may include:
(b)(1) absenceof a prior record of discipline;
(b)(2) absenceof a dishonest or selfish motive;
(b)(3) personalor emotional problems;
(b)(4) timelygood faith effort to make restitution or to rectify the consequences of themisconduct involved;
(b)(5) fulland free disclosure to the client or the disciplinary authority prior to thediscovery of any misconduct or cooperative attitude toward proceedings;
(b)(6) inexperiencein the practice of law;
(b)(7) goodcharacter or reputation;
(b)(9) mentaldisability or impairment, including substance abuse when:
(b)(9)(A) therespondent is affected by a substance abuse or mental disability; and
(b)(9)(B) thesubstance abuse or mental disability causally contributed to the misconduct;and
(b)(9)(C) therespondent's recovery from the substance abuse or mental disability isdemonstrated by a meaningful and sustained period of successful rehabilitation;and
(b)(9)(D) therecovery arrested the misconduct and the recurrence of that misconduct isunlikely;
(b)(10) unreasonabledelay in disciplinary proceedings, provided that the respondent did notsubstantially contribute to the delay and provided further that the respondenthas demonstrated prejudice resulting from the delay;
(b)(11) interimreform in circumstances not involving mental disability or impairment;
(b)(12) impositionof other penalties or sanctions;
(b)(14) remotenessof prior offenses.
(c) Other circumstances. Thefollowing circumstances should not be considered as either aggravating ormitigating:
(c)(1) forcedor compelled restitution;
(c)(2) withdrawalof complaint against the licensed practitioner;
(c)(3) resignationprior to completion of disciplinary proceedings;
(c)(4)complainant's recommendation as to sanction; and
(c)(5) failureof injured client to complain.
Effective November 1, 2018