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Disciplinary Reporter Case Digest

Attorney ID 36733
Attorney Name Whitney, D. Gregory
DBP Docket No. 113 DB 1999
Supreme Court Docket No. 657 D.D. No. 3
County Allegheny
Disciplinary Counsel Angelea Allen Mitas
Counsel for Respondent Pro Se
Decision Date 2001-03-23
Effective Date 2001-04-22
Case Digest On the day scheduled for Respondent's informal admonition (for his violation of RPCs 1.3, 1.4(a), 1.4(b) and 8.4(c)), Respondent hand-delivered to the Office of Chief Disciplinary Counsel a letter in which he stated he intended to "terminate" his relationship with the bar and he accordingly saw no need to appear and to receive the informal admonition. Respondent requested information on the appropriate procedures "to formalize the end of my legal career." Respondent was advised by letter that he was still under the jurisdiction of the disciplinary system and that unless he submitted an appropriate resignation he had to submit to the informal admonition. The informal admonition was rescheduled for August 10, 1999. Although Respondent received notice of the rescheduled informal admonition, he did not appear. Formal charges were filed for Respondent's violation of Pa.R.D.E. 203(b)(2), and RPC 8.4(d) (for his failure to appear for the informal admonition), and the underlying RPCs of 1.3, 1.4(a), 1.4(b), and 8.4(c). Respondent failed to appear for or participate in any of the following disciplinary proceedings scheduled in the matter. During the pendency of the instant disciplinary proceeding, Respondent was suspended for one year and one day in an unrelated disciplinary matter. Respondent's disciplinary history consisted of two prior summary informal admonitions and a private reprimand after hearing.
Rule Violation(s) Pa.R.D.E. 203(b)(2) and RPCs 1.3, 1.4(a), 1.4(b) and 8.4(c)
Discipline Imposed Disbarment
Points of Law Although on its face the underlying misconduct in this case is not egregious enough to warrant the severe sanction of disbarment, many aggravating factors are present. They include an extensive history of discipline for similar misconduct, and in each instance of prior misconduct Respondent's absence of attention to procedure, detail, and communication with his clients is evident and repeated in the instant underlying misconduct. In each disciplinary matter, Respondent's cavalier attitude toward the disciplinary system is evidenced by his failure to appear, failure to respond to letters, and demeanor when testifying. By Respondent's words and actions he has evidenced his lack of desire to practice law.
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