In the Matter of Philip Kleinsmith — Eid, J., Dissenting

Summary

Justice Eid dissented from the majority's conclusion that Kleinsmith knowingly converted funds and should be disbarred. The dissent viewed the matter as the firm's failure to pay an ordinary debt, not conversion of specifically entrusted funds, because there was no trust or fiduciary relationship and Kleinsmith believed the funds could be used for firm operating expenses. The majority's disposition was to uphold the disciplinary order, while the dissent would not impose disbarment.