At the rescheduled deposition, Disciplinary Counsel reminded respondent that his failure to seek rehabilitative assistance could have serious ramifications not only for his addiction, but also for his license to practice law. Respondent refused to seek assistance. We do not view respondent's chemical dependency as a mitigating factor. The ABA Joint Committee on Professional Sanctions developed the ABA Standards to alleviate some of the inconsistencies in attorney discipline that can arise both within and across jurisdictions, due to the unique factual circumstances underlying each case. Id., Preface at 1.
Inconsistent sanctions harm the efficacy and credibility of disciplinary systems.
Sanctions that are too lenient fail to adequately deter misconduct, and sanctions that are too onerous can impair confidence in the system and deter attorneys from reporting misconduct. The ABA Standards suggest that courts adhere to a four-step methodology when imposing sanctions for attorney misconduct. First, the court is to determine which ethical duties were violated by the attorney. Second, the court examines the attorney's mental state at the time of the violations. Third, the court assesses the extent of the actual or potential injur y caused by the lawyer's misconduct.