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In re Roxborough6/7/2001
glected it. Tr. I 75-76. He never has reimbursed Mr. Madison, but testified that he will take steps towards doing so. Tr. II 40. He further testified that he would agree to restitution in the amount of $715 to his client.
With respect to the matters that were the subject of Roxborough II, Petitioner confirmed during his testimony that he had used in the complaint in the Rich matter certain information gained in his interview with Mr. Woodard. Tr. II 62. The Hearing Committee credited his testimony that the private detective contacted Woodward without his knowledge. Hearing Committee Report at 4, 19. Petitioner acknowledged that he should have taken further steps to avoid any contact with Woodard. Tr. II 58-59. With respect to the Takeall matter, Petitioner acknowledged that he had handled the case emotionally and unprofessionally. Tr. I 46. He candidly acknowledged that his judgment in this matter lacked the emotional distance that a "disinterested professional" should have provided. Tr. II 56. Petitioner also completed the course on professional responsibility ordered as a result of the case. Tr. II 71. The Hearing Committee concluded that it "believes that Mr. Roxborough fully grasped the nature of his previous misconduct." Hearing Committee Report at 19.
3. The Attorney's Conduct Since Discipline Was Imposed, Including Steps To Remedy the Harm Caused by the Misconduct
The Hearing Committee concluded that Petitioner also has taken financial responsibility for the debts and harms caused by his prior law practice, in that he has repaid, or has undertaken to repay, those clients who suffered financially because of the problems of Petitioner's previous law firm, Roxborough & Tillerson. Hearing Committee Report at 20.
We must consider whether the fact that Petitioner has not completed restitution is a barrier to reinstatement. First, we note that the Court's original orders imposing discipline did not require restitution before reinstatement; the appropriateness of restitution was not finally addressed in connection with the unadjudicated acts of misconduct. While restitution is always an appropriate consideration in weighing the third Roundtree factor, the Court at the time of imposing the original discipline did not rule that completed restitution was an absolute prerequisite to reinstatement.
Petitioner testified that he has not earned enough income since he left law practice to be able to pay all of the restitution owed. The Hearing Committee concluded that "Mr. Roxborough credibly testified that he intends to repay the clients and to pay his other debts, as soon as he is able to do so." Hearing Committee Report at 21. The Hearing Committee concluded: "He has taken all the steps that he is capable of taking in making restitution to those who may have been harmed by his misconduct or the misconduct of his former partner." Id. at 23.
The Board tested this conclusion by requesting more specific information on Petitioner's plan for restitution of the remaining amounts. The Board took this step because it had concerns based on the record before the Hearing Committee that Petitioner was not well able to identify the amounts that he owes to clients and others. The Hearing Committee developed a list of those obligations, a commendable effort given the rambling character of the evidence on the financial issues. Since the hearing, however, Petitioner has made progress in accomplishing restitution and in figuring out how he will complete the rest, with definite payment schedules and time lines.
Petitioner has provided specific timetables for paying the additional amounts owed to clients and medical providers. By borrowing the money t
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