In the Matter of a Member of the Bar of the Supreme Court of the State of Delaware John E. O’brien, Respondent

Summary

The Court independently reviewed the disciplinary record, upheld the Board’s factual findings that O’Brien had concurrent and personal-interest conflicts and mishandled an unearned advance fee, and imposed a three-month suspension. The Court concluded that suspension was the presumptive sanction for O’Brien’s knowing violations but reduced the recommended term because the violations arose from one transaction and the circumstances did not justify a longer suspension. An eighteen-month probationary period with practice-management, supervision, and audit conditions followed the suspension.