Disciplinary Reporter Case Digest

Attorney ID 36435
Attorney Name Joseph, Marlene Evelyn
DBP Docket No. 26 DB 1992 & 79 DB 1993
Supreme Court Docket No. No. 961 DD No. 2
County Philadelphia
Disciplinary Counsel Barbara S. Rosenberg
Counsel for Respondent John Rogers Carroll/Ellen C. Brotman
Decision Date 2005-07-15
Effective Date 2005-07-15
Case Digest Petitioner for reinstatement was disbarred on consent in October 1993 and filed an initial petition for reinstatement, which was denied in December 2002, despite a lack of opposition by Disciplinary Counsel. The underlying misconduct involved a criminal conviction for mail fraud and tax evasion arising from Petitionerís misappropriation of funds of several clients. Petitioner had successfully completed her sentence, including incarceration, resolved her back tax issues, and made full restitution. She also met her burden to demonstrate a causal connection between her gambling addiction and her misconduct and demonstrated rehabilitation and recovery from her addiction, as well as significant contributions to the recovery community. Petitioner successfully addressed the Boardís previous concern about her inability to complete restitution to one client and established her competence as an attorney.
Rule Violation(s) None
Discipline Imposed Reinstatement granted.
Points of Law The case illustrates the quality of evidence required to establish fitness for reinstatement.
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