Rule 102.5 - Aggravation and Mitigation Aggravating and mitigating circumstances may be considered in deciding what sanction to impose and may be admitted into evidence at a disciplinary hearing.
1. Aggravating circumstances are any considerations or factors that may justify an increase in the degree of discipline to be imposed. The following list of examples is illustrative and is not exclusive: (a) prior disciplinary offenses; (b) dishonest or selfish motive; (c) a pattern of misconduct; (e) bad faith obstruction of the disciplinary proceeding by intentionally failing to comply with rules or orders; (f) submission of false evidence, false statements, or other deceptive practices during the disciplinary hearing; (g) refusal to acknowledge the wrongful nature of conduct; (h) vulnerability of victim; (i) substantial experience in the practice of law; (j) indifference to making restitution; (k) illegal conduct, including that involving the use of controlled substances. 2. Mitigating circumstances are any considerations or factors that may justify a reduction in the degree of discipline to be imposed. The following list of examples is illustrative and is not exclusive: (a) absence of a prior disciplinary record; (b) absence of a dishonest or selfish motive; (c) personal or emotional problems; (d) timely good faith effort to make restitution or to rectify consequences of misconduct; (e) full and free disclosure to disciplinary authority or cooperative attitude toward proceeding; (f) inexperience in the practice of law; (g) character or reputation; (i) mental disability or chemical dependency including alcoholism or drug abuse when: (1) there is medical evidence that the respondent is affected by chemical dependency or a mental disability; (2) the chemical dependency or mental disability caused the misconduct; (3) the respondent's recovery from the chemical dependency or mental disability is demonstrated by a meaningful and sustained period of successful rehabilitation; and (4) the recovery arrested the misconduct and recurrence of that misconduct is unlikely; (j) delay in disciplinary proceedings; (k) interim rehabilitation; (l) imposition of other penalties or sanctions; (n) remoteness of prior offenses. 3. Factors which should not be considered as either aggravating or mitigating include: (a) forced or compelled restitution; (b) agreeing to a client's demand for improper behavior; (c) withdrawal of grievance against the lawyer; (d) resignation prior to completion of disciplinary proceedings; (e) grievant's recommendation as to sanction; (f) failure of injured client to complain. Added; effective 3/1/2007.