Miss. Bar v. Drungole
| Docket Number: | 2004-BD-00714-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 04-28-2005 Opinion Author: Graves, J. Holding: Paula E. Drungole is Suspended from the Practice of Law in the State of Mississippi for a Period of Thirty (30) Days From the Date of this Opinion. |
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| Additional Case Information: |
Topic: Attorney discipline - Miss.R.Disc. 13 - Reciprocal attorney discipline - Suspension Judge(s) Concurring: Waller, P.J., Easley, Carlson and Dickinson, JJ. Non Participating Judge(s): Diaz, J. Concur in Part, Dissent in Part 1: Randolph, J. Concur in Part, Dissent in Part Joined By 1: Smith, C.J., and Cobb, P.J. Nature of the Case: CIVIL - BAR MATTERS |
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| Party Name: | Attorney Name: | |||
| Appellant: | The Mississippi Bar |
MICHAEL B. MARTZ, JR., ADAM B. KILGORE |
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| Appellee: | Paula E. Drungole | JERRY ASKEW |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Attorney discipline - Miss.R.Disc. 13 - Reciprocal attorney discipline - Suspension |
| Summary of the Facts: | The Mississippi Bar filed a formal complaint seeking discipline against Paula Drungole under Rule 13 of the Rules of Discipline for the Mississippi State Bar. The United States Bankruptcy Court for the Northern District of Mississippi entered a consent order enjoining Drungole from the practice of law before any bankruptcy court in the United States; representing or giving legal advice to any entity concerning the bankruptcy laws of the United States; and any and all acts that constitute the practice of law on a bankruptcy issue. The Bar recommends the imposition of reciprocal discipline, including the payment of all costs and expenses associated with this action. |
| Summary of Opinion Analysis: | Filed with the Bar’s formal complaint are certified copies of the motion for sanctions to examine fees and the order entered by the United States Bankruptcy Court for the Northern District of Mississippi, which constitute conclusive evidence of Drungole’s guilt. The Bar makes no specific recommendation of punishment. Drungole argues that the conduct set forth in the motion occurred due to mistake and inadvertence and was not a deliberate and intentional act to defraud the client or to deceive the court. In assessing sanctions for reciprocal attorney discipline cases, deference is given to the sanction imposed by the foreign jurisdiction. If the attorney was afforded full or partial substantive and/or procedural due process in the foreign jurisdiction, then the foreign jurisdiction would have had the best opportunity to consider the testimony of the witnesses, examine the lawyer’s mental state, determine the existence of aggravating and/or mitigating factors, and assess the credibility of the witnesses. Most states elect to impose sanctions equal to or less than those issued by the foreign jurisdiction with few exceptions. Only under extraordinary circumstances should there be significant variance from a sanction imposed by the foreign jurisdiction. The present case does not present any extraordinary circumstances which compel, justify or support variance from the foreign jurisdiction’s sanction. Therefore, Paula Drungole is suspended from the practice of law in Mississippi for thirty days. Further, all costs of this disciplinary proceeding are taxed against Drungole. |
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