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Disciplinary Reporter Case Digest

Attorney ID 15699
Attorney Name Ferleger, David
DBP Docket No. 51 and 104 DB 2004
Supreme Court Docket No. 1035 DD No. 3
County Philadelphia
Disciplinary Counsel Ramona Mariani
Counsel for Respondent None
Decision Date 2005-08-03
Effective Date 2005-08-03
Case Digest By Report and Recommendation dated May 4, 2005, the Disciplinary Board recommended that Respondent receive a suspension of one year and one day for engaging in the unauthorized practice of law. Respondent was transferred to inactive status in August of 1997 as a result of failure to maintain the required Continuing Legal Education credits. In April of 2002, while on inactive status, Respondent entered his appearance in a suit filed in the Chester County Court of Common Pleas. Over the next six months, Respondent filed four additional suits in the same court. The cases were actively litigated for over two years. In March of 2004 Respondent filed a Petition for Reinstatement from Inactive Status. At this time Respondentís unauthorized practice was discovered. The Board Report noted that Respondentís misconduct was aggravated by his failure to fully provide relevant information on the Reinstatement Questionnaire with respect to his unauthorized practice. By Order dated August 3, 2005, the Supreme Court of Pennsylvania adopted the Boardís Report and Recommendations and suspended Respondent for one year and one day. Messrs. Justice Castille and Baer dissented as to the imposition of the suspension.
Rule Violation(s) RPC 5.5(b), 7.1(a), Pa.R.D.E. 203(b)(3), 217(b), 217(c)(1)(2), and 217(j)(4)
Discipline Imposed Suspension for one year and one day
Points of Law Denial of Reinstatement and suspension for one year and one day is warranted where Respondent engaged in unauthorized practice of law while on inactive status. Respondent's misconduct did not consist of isolated acts. Instead, he actively litigated five matters in state court for over two years.
Report/Opinion Download