Matter of Lobbe

Once again, we must address the difficult problem of evaluating the mitigating effect of compulsive behavior on an attorney’s admitted misappropriation of clients’ funds. This matter arises from a report of the Disciplinary Review Board (DRB) recommending disbarment of respondent for the misappropriation. Respondent argues that at the time of the misappropriation, he was caught in the grips of the “disease” of compulsive gambling, an “impulse disorder” which causes the victim to lose control over his behavior and strips him of the ability to appreciate or understand the full consequence of…