Disciplinary Reporter Case Digest

Attorney ID 19794
Attorney Name Kadunce, Darryl Lee
DBP Docket No. 2 DB 2004
Supreme Court Docket No. 1114 DD No. 3
County Butler
Disciplinary Counsel Cory John Cirelli
Counsel for Respondent None
Decision Date 2006-03-31
Effective Date 2006-04-30
Case Digest Respondent failed to enter into a written fee agreement with his client in a medical malpractice matter, failed to convert a praecipe for wit of summons into a complaint in civil action, failed to adequately communicate with his client, failed to properly account for advanced costs, and failed to return the unused portion of the advance until after the hearing into this matter had commenced. Respondent’s disciplinary history is as follows: In 1981 he received three informal admonitions; in 1982 a public censure was imposed; he received another informal admonition in 1994; a private reprimand was imposed in 1997; another private reprimand was imposed in1998. The hearing committee recommended a suspension of one year and one day. Respondent filed exceptions to the report and recommendation of the hearing committee. After oral argument, the Board stated that “With such a history behind him, it would seem logical that Respondent would have instituted procedures to alleviate these recurring practice problems … [t]hat is not the case. [Respondent] exhibited an overall indifference to the disciplinary process,” and “A short suspension of six months is warranted to emphasize to Respondent that his misconduct is serious.” Respondent filed a petition for review with the Supreme Court, which imposed a suspension of one year and one day.
Rule Violation(s) 1.3, 1.4(a), 1.5(c) and 1.15(a)
Discipline Imposed Suspension for one year and one day
Points of Law The Disciplinary Board concluded that “Respondent’s prior history and his indifferent attitude during the disciplinary process surpasses the actual violations of the Rules of Professional Conduct.”
Report/Opinion Download