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Disciplinary Reporter Case Digest

Attorney ID 10044
Attorney Name Young, Robert G.
DBP Docket No. 6 DB 2001
Supreme Court Docket No. 780 D.D. No. 3
County Allegheny
Disciplinary Counsel Mark G. Weitzman
Counsel for Respondent Richard H. Lindner
Decision Date 2002-11-14
Effective Date 2002-11-14
Case Digest Respondent did not hold in his Escrow Account $6,000 entrusted to him by three clients to resolve and pay past unpaid inheritance tax obligations and to pay his legal fees for doing so. Instead, Respondent issued eight checks from his Escrow Account totaling $5,955.52 for other purposes and without authorization from his clients, including a check for $3,603 payable to the Internal Revenue Service for his own personal tax liability. Respondent had agreed that he would not remove any of the $6,000 to pay his legal fees until after the past unpaid inheritance tax obligations were resolved and his bills for legal fees were approved by the clients. The Board determined that a public censure was appropriate, in part, because Respondent reimbursed the funds with the result that he did not receive a fee for his legal services, the clients did not suffer any prejudice as a result of Respondent's misconduct, he admitted the facts of the matter and acknowledged his wrongdoing, he cooperated with Disciplinary Counsel, and he had no prior disciplinary history.
Rule Violation(s) 1.15(a), 8.4(c)
Discipline Imposed Public Censure
Points of Law The Board reiterated prior Pennsylvania Supreme Court Opinions that when there is a conversion of a client's funds, some form of public discipline will be imposed, which will vary depending on the mitigating or aggravating circumstances of the particular case.
Report/Opinion not available