In Re the Disciplinary Proceeding Against McGrath

(dissenting)—There can be no mistake that the actions of attorney Thomas F. McGrath, Jr., were wrong. Such behavior, especially by members of the bar, cannot be tolerated. Therefore, I agree that Mr. McGrath's conduct is deserving of disciplinary action by this court. I cannot agree, however, with the inflexible analysis of the majority which leads it to conclude disbarment is the only appropriate sanction. Accordingly, for the reasons set forth below, I dissent.

Thomas McGrath's conviction for assault in the second degree is a serious matter. It is, as the majority states, a crime involving…