In re Mark V. Marinoff

Summary

The Supreme Court of Louisiana reviewed attorney disciplinary charges arising from Mark V. Marinoff's conviction for negligent injuring after an intoxicated automobile accident. The court found that Marinoff's post-accident statements constituted conduct involving dishonesty, fraud, deceit, or misrepresentation under Rule 8.4(c), rejecting his claim that a head injury excused the conduct. The court imposed a six-month suspension from the practice of law.

Holdings

1. The criminal conviction conclusively established Marinoff's guilt of negligent injuring, but it did not preclude evidence concerning intentional deceit because intent to deceive was not an essential element of negligent injuring.
2. Marinoff violated Louisiana Rule of Professional Conduct 8.4(c) by making post-accident statements that involved dishonesty, deceit, or misrepresentation.
3. A six-month suspension from the practice of law was the appropriate sanction for Marinoff's deceitful post-accident conduct.

Questions Presented

1. Whether Marinoff's post-accident statements constituted conduct involving dishonesty, fraud, deceit, or misrepresentation in violation of Louisiana Rule of Professional Conduct 8.4(c).
2. Whether Marinoff's claimed head injury relieved him of culpability for the statements.
3. What sanction was appropriate for the proven misconduct.

Disposition

other