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Q: "conditional admission of misconduct"? ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: "conditional admission of misconduct"?
Category: Business and Money > Finance
Asked by: graceapple-ga
List Price: $2.00
Posted: 21 Nov 2004 22:41 PST
Expires: 21 Dec 2004 22:41 PST
Question ID: 432145
Hi, what does it mean to "tender a conditional admission of
misconduct"? Thanks. I found this in the professional standard 
for CFA.
Answer  
Subject: Re: "conditional admission of misconduct"?
Answered By: efn-ga on 21 Nov 2004 23:42 PST
Rated:5 out of 5 stars
 
Hi graceapple,

This phrase usually appears in connection with disciplinary
proceedings dealing with lawyers.  A conditional admission of
misconduct admits misconduct on the condition that the disciplinary
body agrees to stated consequences.  One who tenders such an admission
is saying "I will admit that I did x if you will agree that the
consequence will be y.  If you don't agree to that consequence, I
don't admit anything." (where x and y stand for the details of the
specific case).

"Tender" means to submit or hand in, and "admission" and "misconduct"
are probably clear.  The only tricky part was "conditional."  I found
a couple of web pages that suggested the interpretation I have
presented above.

In a summary of a disciplinary proceeding in Nebraska where there was
a conditional admission of misconduct, it says "Respondent made such
admissions conditioned upon receipt of a certain imposition of
discipline."

http://www.nebar.com/resources/nelawexpress/scjournals/2001sc/scjuly27.htm

In a page on proposed amendments to the Minnesota Rules on Lawyer
Professional Responsibility, it says "The lawyer may ... Tender an
admission of some or all charges conditioned upon a stated
disposition."

http://www.courts.state.mn.us/lprb/70sbbarts/bb050676.html


Search Strategy

A search for "conditional admission of misconduct" found a number of
pages, but none of them explained the "conditional" part.

A search for "conditional admission" brought up pages about
conditional admission to colleges.

A search for "'conditional admission' lawyer" found a lot of pages
about conditional admission to the bar, and also the ones listed
above.


If this answer is not clear enough or you need more information,
please ask for a clarification.

--efn
graceapple-ga rated this answer:5 out of 5 stars
Very clear and helpful. Thanks a bunch.

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