Opinion
No. C6-94-1597.
March 13, 1995.
ORDER
WHEREAS, the Director of the Office of Lawyer's Professional Responsibility has filed a petition for disciplinary action alleging that respondent Richard Hilleren misappropriated funds of a client secured in the settlement of a personal injury claim on behalf of the client, and
WHEREAS, the respondent unconditionally admits the allegations, waives any rights he has pursuant to Rule 14, Rules on Lawyers Professional Responsibility, and has entered into a stipulation with the Director by which they jointly recommend a 30-month suspension, with the reinstatement hearing pursuant to Rule 15, Rules on Lawyers Professional Responsibility, not waived, and any reinstatement to be conditioned upon: (1) payment of $750 by respondent as costs, (2) compliance with Rule 26, Rules on Professional Responsibility, (3) successful completion of the professional responsibility examination pursuant to Rule 18(e), Rules on Professional Responsibility, and (4) satisfaction of continuing legal education requirements. Additionally, it was agreed to by respondent and the Director that respondent repay to the client, subject to any medical care liens she might have the amount of funds owed to her from the settlement, and
WHEREAS, this court has independently reviewed the record and agrees that the conduct admitted to by respondent warrants the agreed to discipline,
IT IS HEREBY ORDERED that Richard Hilleren is suspended for a 30-month period and any reinstatement is subject to the agreed upon conditions set out above.
BY THE COURT: /s/ M. Jeanne Coyne M. Jeanne Coyne Associate Justice
I respectfully dissent. I believe the conduct here calls for stronger discipline.
I join in the dissent of Justice Page.
I also join in the dissent of Justice Page.