Disciplinary Reporter Case Digest

Attorney ID 0
Attorney Name Anonymous,
DBP Docket No. 141 DB 2003
Supreme Court Docket No. NA
Disciplinary Counsel Susan N. Dobbins
Counsel for Respondent None
Decision Date 2005-06-06
Effective Date 2005-06-06
Case Digest Case involved Respondent's representation of three clients in unrelated matters. Respondent exhibited a lack of diligence in handling his clients' matters, he failed to communicate with his clients and he failed to provide his clients with a written statement of the basis or rate of his fees, even though he had not previously represented these clients. In one matter, Respondent accepted a $2,000 retainer and commingled it with his personal funds and then failed to return to the client the unearned fee, forcing the client to file a claim with the Pa. Lawyers' Fund for Client Security. The client was repaid monies by PaLFCS and Respondent repaid PaLFCS in full plus interest. At the time of the hearing, Respondent was remorseful. Respondent offered testimony regarding his suffering from a psychiatric disorder. However, Respondent failed to provide any expert testimony and he failed to meet his burden pursuant to the Braun standard. Respondent had a prior disciplinary record of two Informal Admonitions and two Private Reprimands.
Rule Violation(s) 1.3, 1.4(a), 1.4(b), 1.5(b), 1.15(a) and 1.16(d)
Discipline Imposed One year stayed suspension with one year probation with a practice monitor
Points of Law Both the Hearing Committee and the Disciplinary Board recommended that Respondent receive a Public Censure with a one year probation/practice monitor. The Supreme Court ordered a one year stayed suspension with probation/practice monitor for one year.
Report/Opinion not available