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Cite as In re Steele, 19 DB Rptr 87 (2005)
her and Christian supported her position that she had not waived reimbursement, and
that she had previously told Christian only that she was not seeking reimbursement
at that time. In the context in which the Accused made those representations to
Swenson, she knew that they were false and material.
13.
In the December 16, 2003, letter to Swenson referenced in paragraph 12
above, the Accused also represented that the e-mail she enclosed therein in support
of her position that she had not waived reimbursement was the full text of the e-mail
she had sent to Christian on September 18, 2003. At the time the Accused made this
representation, she knew that it was false and material as she had recently made
material changes to the e-mail and had enclosed the altered e-mail in her December
16, 2003, letter to Swenson. Copies of the original e-mail of September 18, 2003,
and the e-mail altered by the Accused and submitted to Swenson on December 16,
2003, are attached to this stipulation as Exhibit 1 and Exhibit 2.
14.
Thereafter, Swenson discovered that the e-mail the Accused had sent to her
on December 16, 2003 (Exhibit 2), was different from the copy of the e-mail in
PDSC’s file (Exhibit 1). In a December 17, 2003, telephone conversation, and
subsequent letter, the Accused represented to Swenson that she did not know why the
e-mail she had sent to Swenson was different from the one in PDSC’s file and that
she had not altered the e-mail. At the time the Accused made these representations,
she knew that they were false and material.
Violations
15.
The Accused admits that, by engaging in the conduct described in paragraphs
5 through 14, she violated DR 1-102(A)(3) (conduct involving dishonesty and
misrepresentation) and DR 7-102(A)(5) (knowingly make a false statement of fact)
of the Code of Professional Responsibility.
Sanction
16.
The Accused and the Bar agree that in fashioning an appropriate sanction in
this case, the court should consider the ABA Standards for Imposing Lawyer
Sanctions (hereinafter “Standards”). The Standards require that the Accused’s
conduct be analyzed by considering the following factors: (1) the ethical duty
violated; (2) the lawyer’s mental state; (3) the actual or potential injury; and (4) the
existence of aggravating and mitigating circumstances.
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