Disciplinary Reporter Case Digest

Attorney ID 0
Attorney Name Anonymous,
DBP Docket No. 77 DB 2001
Supreme Court Docket No.
Disciplinary Counsel David M. Lame
Counsel for Respondent Martin M. Scoratow
Decision Date 2004-04-20
Effective Date 2004-04-20
Case Digest It was originally determined that Respondent receive an Informal Admonition with the attached conditions of a refund and an accounting to the client. Respondent failed to comply with the condition and the Informal Admonition was postponed on 2 occasions to permit Respondentís compliance. Respondent failed to comply and formal charges were initiated. At the hearing, Respondentís counsel raised Respondentís psychological disorder as possible mitigation for Respondentís non-compliance with the condition attached to the Informal Admonition. At hearing Respondent offered the testimony of a Board Certified psychiatrist. ODC successfully argued that the psychiatrist was not competent to provide the causal connection between the misconduct and the disorder as required under Braun. While no mitigation pursuant to Braun was given to Respondent, the Disciplinary Board concluded that the doctorís testimony was prospectively useful in determining that Respondent would benefit from probation so long as Respondent did not actively practice or represent private clients. (Respondent is employed in a supervisory capacity for a county agency and does not maintain an active client base.)
Rule Violation(s) RPC 8.4(d), Rules 203(b)(2) and 204(b), Pa. R.D.E and as a result of his non-compliance with conditions attached to the Informal Admonition RPC 1.4(a), RPC 1.4(b) and RPC 1.16(d)
Discipline Imposed 6-month suspension stayed in its entirety, 2 years probation with the appointment of a mental health monitor.
Points of Law Mental health monitor was appointed to ensure Respondentís compliance with the existing treatment program including coordination of Respondentís treatment if necessary. Respondent must immediately report to the Executive Director and Secretary if Respondent resumes the active practice of law or represents private clients so the Board may, if appropriate, impose additional conditions on Respondentís probation.
Report/Opinion not available