What is the appropriate range of suspension for a lawyer who abdicates from duty due to misconduct?

In Law Society of Upper Canada v. Shah,[13] the hearing panel accepted a joint submission for a penalty of nine months’ suspension (which had been completed retroactively), where the lawyer admitted serious misconduct (including total abdication on some files) but where significant mitigating circumstances existed. It was acknowledged that the appropriate range of suspensions for files of this nature would be 7-12 months.

In Law Society of Upper Canada v. Fazio,[14] the appeal panel found that the appellant was an “unwitting dupe.” Nevertheless, his conduct was serious because he was in a blatant conflict of interest, and failed to disclose his financial arrangements and commissions to his clients. He also benefitted from the questionable transaction. However, he did not knowingly facilitate fraud, and the appeal panel referred to a number of other mitigating circumstances (including the fact that the misconduct was admitted) when it imposed a penalty of six months’ suspension.