Grenville Clark III (2011)

Parties' StipulationofFacts;DisciplinaryRecord ofGrenviUe Clark, III;PreliminaryHearing

Respondent's Answer; DisciplinaryCounsel'sExhibits 1 through 40;Respondent'sExhibits;

Charges allegingviolationsofN.H. Rules Prof. Conduct 1.5(b), 3.4(c), 3.3(a)(1) and 8.4(a); the

The Committee consideredthe oral arguments and the record,includingtheNoticeof

were absent.Lawrence A. Vogelman was recusedand was notpresent.

Cronheim; Gerald A.Daley and James R. Martin.Thomas P.Connair and RichardH. Darling

Pizzimenti,Vice Chair;Toni M. Gray, Vice Chair;Susan Chollet;David N. Cole;Alan J.

The followingCommittee members were present:MargaretH. Nelson,Chair;Benette

behalf. Mr. Clark iscurrentlyunder suspensionin anunrelatedmatter.

for the AttorneyDisciplineOffice.The Respondent, GrenviUe Clark, III, appeared on his own

argument in the above-referenced matter. Jennifer B. Sargent, Disciplinary Counsel, appeared

On February15,2011,the Professional Conduct Committee("Committee")heard oral

Clark, GrenviUe ffladvs.Heidi L. Gaudreau # 09-027

Alan J. Cronheim Holly B. Fazzino,Admin. Coordinator Thomas P. Connair * non attorneymember David N. Cole Lawrence A. Vogelman Susan R. Chollet* James R. Martin Toni M. Gray,* ViceChair 603-224-5828 ♦ Fax 228-9511 JulieA. Introcaso Benette Pizzimenti,Vice Chair Concord,New Hampshire 03301 Richard H. Darling* Margaret H. Nelson, Chair 4 ChenellDrive, Suite 102 Gerald A. Daley*

Clark. Mr. Davey describedMs. Gaudreau's situationto Mr.Clark and brother,Jay C.Davey, who was, atthattime, abankruptcyclientofMr. 5. In September 2008, Mr. ClarklearnedofMs. Gaudreau throughher

on orabout September 24, 2008, andended on orabout April7,2009. 4. Theirattorney-clientrelationshiplasted lessthanone year. Itcommenced

theComplainant,Heidi L. Gaudreau, in abankruptcyproceeding. 3. This attorneydisciplinematter stems from Mr.Clark'srepresentationof

suspended. 2. Mr. Clark'slicensetopracticelaw inNew Hampshire iscurrently

Hampshire 03101-2551. Gray,Wendell & Clark,P.C.,650 Elm Street,Suite303, Manchester,New timesmaterialtothisproceeding,Mr. Clarkoperatedhislaw officeas Hampshire. Mr. Clarkwas admitted topracticeinSeptember 1971. At all 1. The Respondent,Mr. Clark, is an attorneylicensedtopracticelaw inNew

Panel in theSupplementalHearing PanelReport, by clear andconvincingevidence.

The Committee acceptsboththeStipulationofFacts and the facts found by the Hearing

explainedbelow.

remainingviolationsand Mr. Clark'sdisciplinaryhistory,disbarmentisrecommended as

no findingsofmisconduct under theseRules.Nonetheless,giventheseriousnessofthe

a finding on these Rules byclearand convincingevidence.Consequently,theCommittee makes

Court to his client. The Hearing Panel concluded that there wasinsufficientevidence to support

failing to explain his fees and provide a written fee agreement asrequestedby the Bankruptcy

The NoticeofCharges alleged that Mr. Clark violated Rule 1.5(b) and Rule 3.4(c) for

and theSupplementalHearingPanelReport.

Panel Report; theTranscriptoftheSeptember 24,2010 hearing,(referredto as"9/24/2010Tr."); p. 3 Page 3 of14

bankruptcypapers, Mr. Davey returned the papers to Mr. Clark for filing 14. AfterMr. Davey met withMs. Gaudreau to obtain her signature on the

$274.00 filing fee. an hourly rateof$240.00. Mr. Clarkrequired$2,000.00 upfront, plus the he would representMs. Gaudreau on a retainerbasisand he would bill at 13. With respect to the legal fee, Mr. Clark claims that he told Mr. Davey that

telephoned the lawyer for Liberty Bank andinformedhim ofthe stay. filingofthepetitionwiththe Bankruptcy Court. Mr. Clark then September 24, 2008. The replevin action was stayed as a resultofthe 12. Mr. Clark filed the bankruptcy petition in the early morning hoursof

petition papers necessary to begin a Chapter13 proceeding. Davey, Mr. Clark drafted, for Ms. Gaudreau's signature, the bankruptcy 11. During theconferenceon September23 between Mr. Clark and Mr.

forrepaymentsto creditors over time, although notnecessarilyat 100%. bankruptcyaction,which is a personal financialreorganizationthat calls 10. As explainedby Mr. Davey, Ms.Gaudreau was interested in a Chapter13

thereplevinaction). personalproperty, including a truck and the boat (which was the subjectof to reduce the debts she owed on a home inAtkinson,and on two piecesof 9. In addition to staying the replevin action, Ms. Gaudreau's other goals were

thereplevinaction could be stayed. prepare thenecessarybankruptcypaperwork for his sister to sign, so that office.Mr. Davey requested onbehalfofMs. Gaudreau that Mr. Clark 8. On or about September 23,2008, Mr. Davey met with Mr. Clark in his

to occur onSeptember 24,2008. seize the boat andtrailer.A hearingon the replevin action was scheduled filed a replevin action in Rockingham County Superior Court, seeking to mortgage on her boat (including the motor and trailer),LibertyBank, had Ms. Gaudreau needed immediate assistancebecause thebank thatheld the 7. On or about September 22,2008,Mr. Davey described to Mr. Clark that

inconsultationwith Mr. Davey. 6. Thus, allofMr. Clark'sinitialwork on behalfofMs. Gaudreau occurred

asked Mr. Clark tohelpher. p. 4 Page 4 of14

Debtor." That document does notcontainMs. Gaudreau's signature. 22. Mr. Clark signedthe"DisclosureofCompensation ofAttorneyFor

debtor(s). and expensesincurredin excessoftheamounts paid by the trustee,and to pay from suchrefundany amounts due for legal fees ofplanpayments and/orother fundsreceivedfrom thechapter13 attorneytodepositinto theattorney'sfirmtrustaccountany refund In achapter13 case, thedebtor(s)specificallyauthorizethe

proceeding,as follows: Mr. Clarkregardinghis fees for legal servicesrenderedin thebankruptcy For Debtor." The document included atype-writtenparagraphcraftedby preparedby Mr. Clark,entitled"DisclosureofCompensation ofAttorney 21. One ofthe attachmentsto Ms. Gaudreau's scheduleswas a document

Gaudreau's review and signature. 20. Mr. Clarknever produced a completedwrittenfeeagreement for Ms.

agreementaftershe had a chance to review theDraftFee Agreement. Agreement. Mr. Clarkintended to ask Ms.Gaudreau to sign a fee 19. Mr. Clark asked Ms. Gaudreau to retainand review theDraftFee

regardingthe fee. incomplete.Itcontainedblank spaces for thecriticalinformation 18. The DraftFee Agreement that Mr. Clark gave to Ms.Gaudreau was

agreement(hereinafterreferred to as"DraftFee Agreement"). "ContractFor BankruptcyServices," thatappearedto be a draft fee 17. Attached to theConsultationAgreement was a 3-pagedocument entitled

"ConsultationAgreement"). ReceiptofDisclosuresand Instructions"(hereinafterreferredto as document entitled"ConsultationAgreement and Acknowledgement of 16. At theirinitialmeetingon October 7, Mr. Clark gave Ms.Gaudreau a

accompany thebankruptcypetition. financial matters, Mr. Clark filed the additional and necessary papers to office. After further communications with Ms. Gaudreau regarding her 15. Mr. Clark met in-personwith Ms. Gaudreau on October 7,2008, at his

on September 24 andtendereda paymentof$2,300.00in cash. p. 5 Page 5 of14

unsecuredcreditorstoobjectto aplanand bars theCourt from confirmingtheplanunlessit

IndividualWith Regular Income; § 1325(b)(1).)ItauthorizestheBankruptcy Trusteeand

Chapter13 Plansareconfirmed. DisciplinaryCounsel'sExhibit36 (AdjustmentofDebts ofan

Section1325(b)(1)ofthe Bankruptcy Code sets forth theconditionspursuantto which

9/24/2010,Tr. 153:21-23; 154:7.

ofthe statute requiresdisclosureofthe monthly incomeofthedebtorand debtor'sspouse.

to determine whether acommitment period should not exceed three or five years,subsection(d)

AdjustmentofDebts ofan Individual With Regular Income,SubchapterII. The Plan). In order

in a Chapter 13 proceeding.DisciplinaryCounsel'sExhibit 35 (TitleII.BankruptcyChapter 13:

the contentsofa Chapter13 Plan and prescribes"commitment periods"forpayments by debtors

11 U.S.C. § 1322ofthe United States Bankruptcy Code("BankruptcyCode") sets forth

The following facts are drawn from the Hearing Panel report and the record:

amount ofincome. schedulesand attachments,that Ms.Gaudreau'sspousehad asignificant 26. Mr. Clarkwas aware at the time that he drafted thepetitionand all its

Final Approval and ReimbursementofAttorney'sFees and Expenses." Respondent filed his"ApplicationofGray, Wendell &Clark,P.C. for funds into his trust account as payment for legal fees. On April 10, 2009, The Trustee forwarded$718.79to Mr. Clark, and Mr. Clark deposited the TrusteereturnedallofMs. Gaudreau'sfunds. On orabout March 6,2009, 25. Because the Chapter13 bankruptcy terminatedpriortocompletion,the

planpayments,totaling$718.79. Report and Account, detailing how he had disposedofMs. Gaudreau's 24. At the terminationoftheChapter13 case, theTrusteefiled anInterim

and voluntarily converted it to a Chapter 7 bankruptcy case. 23. On or about March 3, 2009, Ms. Gaudreauterminated the Chapter13 case p. 6 Page 6of14

'Spouse'must be completed in all cases...by every marrieddebtor whether or not a joint

debtor'sincome and one for thespouse'sincome withinstructionsthat"thecolumn labeled

Counsel'sExhibit9J and 90,respectively.)Schedule I hastwo columns,one for a listingofthe

Monthly Income and CalculationofCommitment Period and Disposable Income. (Disciplinary

ScheduleI - CurrentIncome ofIndividualDebtor'sand aChapter 13 StatementofCurrent

Two oftheschedulesthat Mr. Clark prepared as partofthe Chapter13 filing were

"gave some difficulty, but we, I think, tried tofigurea way aroundit." Id. Tr.126:14-17.

involved. Mr. Clarkexplainedthat her position would not be a roadblock, because although it

bankruptcy proceeding. 9/24/2010 Tr.126:8-17.She was emphatic that her husband not be

Tr. 126:1-9. He knew thatMs. Gaudreau did not want her husband or hisincome involvedinher

Mr. Clark was aware that Ms. Gaudreau was married and that herspousehad income. 9/24/2010

Inpreparingcertain schedules as partofthe filingofMs. Gaudreau's Chapter13 Plan,

Gaudreau. 9/24/2010 Tr. 152-156:1-13; 199:12-21.

prescriptionsdiscussed above at the time hepreparedtheChapter13 Planon behalfofMs.

Mr. Clark is an experienced bankruptcy attorney and was awareofthe statutory

9/24/2010 Tr. 154:8-22; 155:1-12.

applicablecommitment period based on the debtor and debtor's spousemonthly income.

combined. Thus, for a Chapter13 Plan to beconfirmed,theremust be adeterminationofthe

five years depending on the "currentmonthlyincome ofthe debtor and thedebtor'sspouse"

The statute provides that the"applicablecommitment period" shall be three years or not less than

commitment periodwillbe applied tomake payments to unsecured creditors. §1325(b)(1)(B).

providesthat all the debtor's projecteddisposableincome to be received in the applicable p. 7 Page 7of14

Exhibit9 O, contained "a lotofdiscrepancies." Tr. 77:20-23. Ms. Karonis also stated that in the

income. 9/24/2010 Tr. 74:20-23;75:1-11.She alsotestifiedthat the Chapter 13Statement,

testified that Schedule I did not, contrary to instructions in the form, disclose thespouse's

One ofdeficienciesalleged was failure to disclose thespouse'sincome. Ms. Karonis

debtsofthepetitioner.

attorney.As noted by Ms. Karonis a Chapter 7 petition can result in a dischargeofall unsecured

Gaudreau's Chapter13 petition to a Chapter 7 petition but he was no longer Ms. Gaudreau's

deficient.9/24/2010Tr.71:16-18; 72:16-18.By thattime Mr. Clark hadconvertedMs.

June3,2009,she filed amotion to dismiss the petitionofMs. Gaudreau on grounds that it was

Geraldine Karonis, Esquire,Officeofthe U.S.BankruptcyTrustee,testifiedthat on

original).

('Debtor'sIncome')and Column B ('Spouse'sIncome')for Lines 2-10". (Emphasis in the

directed."Box b entitled "Married" requires thepreparerto"Complete bothColumn A

statementis requiredto"checkthe box that applies and complete the balanceofthis partas

and Disposable Income. Under the heading "Part I. ReportofIncome" the preparerofthis

filed the Chapter13 StatementofCurrentMonthly Income & CalculationofCommitment Period

Mr. Clark also inserted zeros under"Column B Spouse'sIncome" when he filled out and

the debtor.

inserted astatement"(D) Contributionsfrom Spouse" and entered$2,195 under thecolumn for

thatcolumn pertainingto spousalincome. Mr. Clark,however, on line13 ofthatSchedule

labeled"spouse" listed Ms. Gaudreau's spousal income as zero and placed zeros on every lineof

petition is filed." (Emphasis supplied.) Mr. Clark filled outScheduleI and in thecolumn p. 8 Page 8 of14 BankruptcyCode specificallyrequireslawyerstoprovideclientswith writtennoticethatall

Mr. Clarkhad a duty ofcandor to theBankruptcy Court under Rule 3.3. Inaddition,the

(1)make a falsestatementoffact orlaw to atribunal... (a) Alawyer shallnot knowingly: Rule 3.3,Candor Towards the Tribunal, states inpertinentpart:

ofProfessionalConduct: 3.3(a)(1)and 8.4(a).

concludedthatthereisclearand convincingevidencethat Mr.ClarkviolatedthefollowingRules

The Committee acceptedtheHearingPanel'sdeterminationsofRules violationsand

25.

Court ruled that the U.S.Trustee'sMotion to Dismiss was moot.DisciplinaryCounsel'sExhibit

Exhibit. 24. On July1,2009,the Motion to Dismiss filed by theDebtorwas granted, and the

Petition, allegingineptitudeand misconducton the partofMr. Clark.DisciplinaryCounsel's

On June 3, 2009, Ms. Gaudreau,pro se, filed a Motion forWithdrawalofBankruptcy

or her debtsthrougha Chapter 13 Plan. 9/24/2010 Tr. 76:6-12.

filing of an appropriatemotion would have to rule on whether the debtor would have to pay his

ofspouse'sincome, Ms. Karonis testified thatifthe debtor had surplus income, a court upon the

Counsel's Exhibit 9A (StatementofFinancial Affairs). As to the reasons for requiring disclosure

whether or not ajointpetition was filed, unless the spouses were separated. Disciplinary

"StatementofFinancialAffairs"debtorsareinstructedtoprovideinformationfor bothspouses p. 9 Page 9of14

to a tribunal inviolationofRule 3.3(a)(1).

Committee findsby clear andconvincingevidencethat Mr.Clark made a falsestatementoffact

Court,which is central to theadministrationofjustice. Based on the foregoingevidence,the

associatedwithnon-disclosureofherspouse'sincome. He also had adutyofcandor to the

Mr. Clark had a duty toadvisehisclientofthe requirementsoftheBankruptcycode and the risks

Clark. She states that Mr. Clark caused her substantial lossesincludinggreat stress and harm.

Ms. Gaudreau claims thatshe acted with the bestofintentionsunder the advice ofMr.

theirdebts.

put on a payment plan under Chapter13 and unsecured creditorswould receive some payment on

theeventresourcesthathad been concealedwere,in fact,available,then Ms. Gaudreau would be

the pending Chapter 7petitionofMs. Gaudreau should beconvertedto a Chapter13 petition. In

criticalto know what resourceswere availableto Ms. Gaudreau inorder todetermine whether

thespouse'sincome. As to thepotentialharm caused by notdisclosingspouse'sincome, it was

filed amotion todismissMs. Gaudreau'spetition, and oneofthe grounds was failure to disclose

officedifficultyindeterminingwhat resources were available to Ms.Gaudreau. Ms. Karonis

conceal theincome ofMs. Gaudreau'sspouse. Thisconcealmentcaused the U.S.Trustee's

Bankruptcy Court. Mr. Clark filed false documents with theBankruptcyCourt with the intent to

disclose herspouse'sincome,and he devised a plan tocircumventthe requirementsofthe

truthful.11 U.S.C. §527(2)(A). Here, Mr. Clarkknew that Ms.Gaudreau did not want to

information provided in the petition and during a case is requiredto be complete,accurateand p. 10 Page 10 of14

toward thetribunal,inthathe made false statementsoffact to theBankruptcy Court regarding

Under the firstprong ofthe analysis, Mr. Clarkviolatedthe duty toengage incandor

Id.

existenceofany aggravatingor mitigatingfactors andwhether theyaffectthebaselinesanction.

(2007)); Standards § 3.0.Once thebaselinesanctionisdetermined,theCourt then looksto the

existenceofaggravating ormitigatingfactors." Id.(quotingDouglas' Case, 155 N.H. 613,621

mental state; (c) thepotentialor actualinjurycausedby thelawyer'smisconduct;and (d) the

analysis forcourtstoconsiderinimposing sanctions:"(a)the dutyviolated;(b) thelawyer's

adopted them. Conner'sCase, 158 N.H. 299,303 (2009). TheStandardsset forth a four part

LawyerSanctions (2005) ^Standards") for guidance,althoughtheCourt has not formally

The Supreme Court will look to the American BarAssociation's Standardsfor Imposing

"The sanctionmust take intoaccounttheseverityofthemisconduct." Id.

in the future." E.g.,Coffey's Case, 152 N.H. 503, 513 (2005) (internalquotationmarks omitted).

confidence in the bar, preserve the integrityofthe legal profession, andpreventsimilarconduct

The purposeoftheCourt'sdisciplinary power "is to protect the public, maintain public

a violationofRule 8.4(a).

In lightofthe above rule violations, there is necessarily clear and convincing evidenceof

ofProfessionalConduct.... It isprofessionalmisconductfor a lawyer to: (a)violate...the Rules

Rule 8.4(a)providesinpertinentpart:

potentiallyadverseeffecton the legal proceeding. potentialinjuryto a party to the legal proceeding, or causes an adverse or improperly being withheld, and takes no remedial action, and causes injury or documents arebeing submittedto the court or thatmaterialinformationis 6.12 Suspensionis generallyappropriatewhen a lawyersknows that false statements or

proceeding. causes asignificantpr potentially significant adverseeffecton the legal material information, and causes serious or potentially serious injury to a party, or court,makes a false statement, submits a falsedocument,orimproperlywithholds 6.11 Disbarmentis generally appropriatewhen a lawyer,withtheintenttodeceivethe

entitled "False Statements,Fraud and Misrepresentation."which provides:

applicablestandardformisconductinvolvingfailuretocomply with a court order is Section 6.1,

In determining a baseline sanction, the Standards provide additional guidance. The

bankruptcypetition.

professionby dishonestly perverting the bankruptcy processand manipulating the filingofa

plan as submitted. Mr. Clark also caused harm to the reputation and integrityofthe legal

induce the Bankruptcy Court to rely on the information and approve Ms. Gaudreau's bankruptcy

than itactuallywas. Mr. Clarkpresentedthefalseand misleading information in an attempt to

informationto the court in an attempt to make Ms.Gaudreau'savailable incomeappeardifferent

Mr. Clark caused harm to the integrityofthe legalprocessby providing false and misleading

The third prong requires analysisofthe injury caused by Mr.Clark'smisconduct.Here,

spouse'sincome.

Clark acted with the intent to deceive the Bankruptcy Court with respect to Ms. Gaudreau's

The second prongofthe three-part test requires analysisofMr. Clark'smental state. Mr.

Ms. Gaudreau'sspouse'sincome. This is a serious violation. p. 12 Page 12 of14

3"Admonition"underthe Standards isequivalentto areprimandasdefinedinRule37(2)(i). 1"Reprimand"underthe Standards isequivalentto apubliccensureasdefinedinRule37(2)(g).

documents to theDisciplinaryCounsel'sofficeand entered into aStipulationofFactswiththat

as DisciplinaryCounsel,to discussMs. Gaudreau'scomplaint,turnedover records and

with Disciplinary Counsel up to a point. He met with Landya McCafferty, who was then serving

substantialevidenceofaggravatingfactors.As to mitigating factors, Mr. Clark did cooperate

Based on the record in this case there is little in the wayofmitigatingfactors and

2010).The sanctionmust take into account the severityofthemisconduct. Coffey's Case, 152

and circumstances in deciding the sanction." Morse'sCase, N.H. (decided July 20,

and preventingsimilarconduct in the future. The Courtwill"considerthe case on itsown facts

public, maintaining publicconfidencein the bar, preservingthe integrityofthe legal profession,

sanctionofdisbarment,the Court will focus not on punishing the offender, but on protectingthe

disciplinaryrecord, support disbarment. When determining whether toimpose the ultimate

Standard3.0 supra. The aggravatingfactorspresentin this matter, inparticularMr. Clark's

typesofcases subject to considerationofaggravatingor mitigating circumstances as set forth in

As setforthin §§ 6.1,6.11ofthe Standards, disbarmentis generallyappropriatein these

adverse or potentially adverseeffecton the legal proceeding. causes little or noactualharm orpotentialinjury to a party, or causes little or no falseor infailingtodisclosematerialinformationupon learningofitsfalsity,and instanceofneglect in determining whethersubmittedstatements or documents are 6.14 Admonition isgenerallyappropriatewhen a lawyer engages in an isolated

adverseeffecton the legal proceeding. injuryto apartyto thelegalproceedings,orcausesan adverseorpotentially actionwhenmaterialinformationis being withheld, andcausesinjury orpotential determining whetherstatementsor documentsare falseor in takingremedial 6.13 Reprimand1isgenerallyappropriatewhen alawyerisnegligenteitherin p. 13 Page 13of14

Court leavesdisbarmentas the only option.

N.H. (April 28, 2010). His continued misconduct and dishonesty in his dealings with the

necessary.Mr. Clark is currently suspendedby orderofthe Court for two years Clark'sCase

case combinedwith a lengthy disciplinaryhistory,the sanctionofdisbarment is appropriate and

confidencein the bar. When a lawyer commits misconductofthe seriousness and scopeofthis

Critical aspectsofattorney discipline are to protect the public and maintain public

sanctionswere imposed on January28,2010 (suspension)and January 31, 2008 (publiccensure).

has receivedthree reprimands, three public censuresand a two year suspension. The most recent

Significantly,there is Mr.Clark'sextensive disciplinary record. Since1991,Mr. Clark

"friend"asherspouse. 9/24/2010Tr.l87:l-14.

an "ethical rule" obliging him as an attorneyto correctthe record and to identify Ms. Gaudreau's

Costs),atH 27. He did not correct or offer to correctthis statementbutacknowledgedthere was

14;DisciplinaryCounsel's ProposedFindingsof Fact and Rulings of Law and Request for

paid her rent orcontributedto the expenses.9/24/10Tr.:184:17-23;185:1-23;186:1-23; 187:1-

by thehearingofficeatthatproceeding,refer to herhusband as"afriend"who livedwith her and

theBankruptcyCourt with his client on March14,2009,he observedhis client whenquestioned

difficultybut we, I think, tried to figure a wayaroundit." When Mr. Clark attended a hearingat

incomeofhisclient'sspouse was important to his client he testifiedthat"...gave some

As to the aggravating factors, Mr. Clark, when told by hisclientthatconcealmentofthe

office. It should be noted, however, this cooperation was his duty as a memberofthis Bar. p. 14 Page 14 of14

File GrenviUe Clark,m JenniferB. Sargent,DisciplinaryCounsel Distribution:

Aprili,2011 r(\/l^^4JM

matter. SeeNB.. Sup. Ct. R.37(19).

Mr. Clark is assessed all costs associated with theinvestigationand prosecutionofthis

order.

for Mr.Clark'sdisbarment from the practiceoflaw, commencing asofthe dateoftheCourt's

The CommitteedirectsDisciplinaryCounselto petitionthe NewHampshireSupremeCourt

describedby the NewHampshireSupremeCourt See,e.g.,Feld'sCase, 149N.H. 19,28(2002).

The sanctionofdisbarment is in accordwith the purposesofattorney discipline as