The Missouri Supreme Court has suspended Cape Girardeau lawyer Dale Edward Gerecke from the practice of law for at least six months after finding him guilty of professional misconduct.
The state’s high court issued the ruling Tuesday, saying it found Gerecke “should be disciplined.”
In its order, the court wrote Gerecke cannot apply for reinstatement for six months.
Gerecke acknowledged taking law-firm funds, which he later repaid, according to court documents.
Gerecke, who worked for the Bradshaw, Steele, Cochrane and Berens law firm in Cape Girardeau, admitted he engaged “in conduct involving dishonesty, fraud, deceit or misrepresentation,” according to the chief disciplinary counsel for Missouri’s court system.
Court documents show Gerecke, who was experiencing financial difficulties, took $4,900 in client fees for his personal use over a two-year period ending in 2015.
In December 2015, Gerecke left the firm to take a position as in-house counsel with Drury Southwest Inc.
He subsequently repaid the money, but only after his former law firm found accounting discrepancies and Gerecke admitted to taking the money, according to a court document.
A disciplinary-hearing panel heard the case April 27. The panel recommended Gerecke’s law license be suspended indefinitely with no leave to file for reinstatement for three years but the suspension be stayed and Gerecke be placed on probation for three years with specified terms and conditions.
The chief disciplinary counsel rejected the recommendation and asked the Supreme Court to suspend Gerecke’s law license for at least six months.
Gerecke has asked the court to stay any suspension and place him on probation.
His attorney, Diane Howard, argued he should be placed on probation.
In a written filing with the court, Howard wrote, “There are substantial mitigating factors in this case, including the respondent’s reputation, demeanor, remorse, cooperation, restitution and most significantly willingness to acknowledge his misconduct.”
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