PL 140 Week 1 assignment.docx - In the Matter of Hein 516...

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In the Matter of Hein 516 A.2d 1105 (N.J. 1986) The Facts The Disciplinary Review Board is recommending disbarment of the respondent based on its findings of multiple instances of misconduct involving neglect of clients' matters, misrepresentation of the status of matters, and most significantly, two instances of misappropriation of clients' funds. The Issue Should the Court disbar the respondent based on the findings of the Disciplinary Review Board? The Holding The Court held that the appropriate discipline is disbarment. The Reasoning The Courts carefully tested against the Jacob standard, the proofs submitted by the respondent. These proofs included evidence of him seeking treatment at a rehabilitation center, expert analysis and expert opinion with respect to his condition and personal affidavits from himself, his wife and an employee. Although the documents did demonstrate an alcohol dependency, they did not demonstrate to the Court the kind of loss of competency, comprehension or will that could

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