In re Norman R. Blais

174 Vt. 628 (2002) (Vt. 2002) · Supreme Court of Vermont · December 19, 2002 · No. No. 02-086

Summary

The Vermont Supreme Court reviewed a disciplinary sanction imposed on attorney Norman R. Blais for repeated neglect of client matters and misrepresentation. The Court upheld a five-month suspension followed by probation, finding that the respondent's prior disciplinary history, multiple offenses, and aggravating factors supported the sanction.

Holdings

  1. The Court must accept the Hearing Panel's factual and mixed law-and-fact findings unless they are clearly erroneous or not clearly and reasonably supported by the evidence.
  2. The Court makes its own determination of the appropriate sanction, while giving deference to the Hearing Panel's recommendation.
  3. A five-month suspension followed by probation was appropriate and was neither inconsistent with Vermont precedent nor excessive.

Questions Presented

  1. Whether the five-month suspension was inconsistent with sanctions imposed in comparable Vermont attorney-discipline cases.
  2. Whether the two-month suspension jointly recommended by Blais and disciplinary counsel was sufficient to protect the public.
  3. Whether the Hearing Panel's sanction recommendation rested on unsupported findings or a mischaracterization of the record.
  4. What standard of review applies to the Hearing Panel's factual findings and sanction recommendation.

Disposition

affirmed

Cases Cited (9)

  • In re Karpin, 162 Vt. 163, 647 A.2d 700 (1993)(followed)
  • In re Anderson, 171 Vt. 632, 769 A.2d 1282 (2000) (mem.)(followed)
  • In re Berk, 157 Vt. 524, 602 A.2d 946 (1991)(followed)
  • In re Wenk, 165 Vt. 562, 678 A.2d 898 (1996) (mem.)(distinguished)
  • In re Cummings, 164 Vt. 615, 669 A.2d 555 (1995) (mem.)(distinguished)
  • In re Bucknam, 160 Vt. 355, 628 A.2d 932 (1993) (per curiam)(distinguished)
  • In re Warren, 167 Vt. 259, 704 A.2d 789 (1997)(followed)
  • In re Rosenfeld, 157 Vt. 537, 601 A.2d 972 (1991)(followed)
  • In re McCarty, 164 Vt. 604, 665 A.2d 885 (1995) (mem.)(followed)

Cited In (0)

No citing cases on record yet.

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