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IN RE BAILEY

No. 334, 2002.

821 A.2d 851 (2003)

In the Matter of a Member of the Bar of the Supreme Court of Delaware: James F. BAILEY, Jr., Respondent.

Supreme Court of Delaware.

Decided: May 2, 2003.

Attorney(s) appearing for the Case

Charles J. Slanina, Esquire, Tybout Redfearn & Pell, Wilmington, Delaware, for Respondent.

Mary Susan Much, Esquire, Wilmington, Delaware, for Office of Disciplinary Counsel.

Edward M. McNally, Esquire (argued), Morris, James, Hitchens & Williams LLP, Wilmington, Delaware, and Joseph A. Rosenthal, Esquire, Rosenthal, Monhait, Gross & Goddess, P.A., Wilmington, Delaware, for the amicus curiae Lawyers' Fund for Client Protection.

Before VEASEY, Chief Justice, HOLLAND, BERGER, and STEELE, Justices, and WALSH, Justice (Retired), constituting the Court en Banc.

PER CURIAM.

This is a lawyer disciplinary proceeding. The primary issue in this case is whether there is clear and convincing evidence to support the factual findings of the Board on Professional Responsibility that James Bailey, as the managing partner of his law firm, had engaged in "intentional and knowing, or at least reckless" misconduct with respect to the mishandling of his law firm's books and records. Based on its...

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