Lawyer Regulation System v. Kessler

¶ 35. {con-

curring). I concur, and I agree that in this case, the Lawyer Regulation System cannot prove that Attorney Kessler knowingly made a false statement of fact or engaged in a misrepresentation because of the deference due to the referee's findings of fact. Per curiam, ¶ 32. Specifically, "the referee found that Attorney Kessler did not, in fact, know of her husband's involvement in preparing the complaint against Judge Schudson and did not know who leaked the complaint information to the newspaper." Id. As the per curiam notes, however, based on the record, this court could certainly…