Stubbs pleaded guilty to misdemeanor communications fraud after assisting a client in making false representations to the State concerning the client's failure to comply with a consent decree for cleaning up contaminated soil. Stubbs also lied in the course of the disciplinary proceeding. Although the presumptive discipline was disbarment, the district court ordered Stubbs suspended for three years, apparently based upon mitigating factors. The mitigating factors found by the district court were lack of prior discipline, absence of selfish motive, inexperience in the practice of criminal or environmental law, good character, imposition of other penalties, remorse, and lack of a pattern of misconduct. The Court found that several of the factors relied upon by the district court were not appropriate mitigating factors.
Remorse is only a mitigating factor if it is demonstrated before the attorney is caught.
Character and reputation, the Court stated, only mitigate if the facts of the case leave unresolved the question of the lawyer's bad faith or intent. In his guilty plea, Stubbs admitted he knew he made false statements for the client. Finally, the Court held that Stubbs' conduct did demonstrate a pattern of misconduct. He assisted the client in preparing a letter to the State containing false statements, lied about what the client had done at the contaminated site, participated in a cover up of what was done, and lied to the Bar during the investigation of his actions. Grievance Administrator v.