Mississippi Bar v. Beal
167 So. 3d 180
| Miss. | 2014Background
- Beal, an Illinois attorney, was suspended in Illinois for two years for misconduct in multiple client matters.
- The Mississippi Bar filed a formal complaint seeking reciprocal discipline and costs because Beal was suspended in Illinois.
- Beal was already suspended in Mississippi for nonpayment of dues at the time of the conduct giving rise to the complaint.
- Illinois ARDC charged Beal with neglect, lack of diligence, failure to inform clients, improper settlements, and misrepresentation across several counts.
- The Illinois Supreme Court affirmed the two-year suspension; Mississippi must determine reciprocal discipline and whether costs are appropriate.
- Mississippi Court applies de novo review and a nine-factor framework to determine reciprocal sanctions and any deviation from foreign discipline.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reciprocal discipline is appropriate | Miss. Bar seeks sanction mirroring Illinois discipline | Beal disputes or contests excessive divergence | Yes; reciprocal two-year suspension appropriate |
| What is the appropriate Mississippi sanction extent | Illinois sanction should guide Mississippi | Mississippi should consider local factors | Two-year suspension approved as reciprocal sanction |
| When the Mississippi suspension should run | Due to current Mississippi nonpayment, suspension should commence then | Commencement timing unclear | Suspension begins upon payment of Mississippi fees |
| Should costs of the complaint be assessed to Beal | Costs should be charged to Beal | Beal contested—no explicit argument provided | Beal required to pay all costs of filing/prosecution |
Key Cases Cited
- Miss. Bar v. Inserra, 929 So.2d 884 (Miss. 2006) (de novo review in reciprocal discipline; factors guiding sanction)
- Miss. Bar v. Dolan, 987 So.2d 921 (Miss. 2008) (reciprocal discipline; one-year suspension and costs as appropriate)
- Miss. Bar v. Barry, 890 So.2d 870 (Miss. 2004) (nine-month suspension as reciprocal sanction; misrepresentation case)
- Miss. Bar v. Ishee, 987 So.2d 909 (Miss. 2007) (reciprocal discipline framework; consideration of factors)
- Miss. Bar v. Hodges, 949 So.2d 683 (Miss. 2006) (reciprocal discipline context; nine-factor framework)
- Miss. Bar v. Drungole, 913 So.2d 963 (Miss. 2005) (reciprocal discipline; conduct and sanctions alignment)
- Miss. Bar v. Alexander, 669 So.2d 40 (Miss. 1996) (early reciprocal discipline precedent; deference to sister jurisdictions)