In the Matter of Mark Joseph Fischer, Attorney-Respondent

Summary

The court held that disbarment was manifestly excessive because the Hearing Board failed to properly weigh the established mitigating circumstances against the misconduct. Although Fischer knowingly violated the separation agreement and court order by distributing funds contrary to their terms, he acted openly, accepted responsibility, made full restitution, and presented substantial evidence of rehabilitation and community reputation. The court reversed the disbarment and ordered a suspension of one year and one day.