||Sye-Payne, Vivian A.
|DBP Docket No.
||142 DB 2004
|Supreme Court Docket No.
||1130 DD No. 3
||Harriet R. Brumberg
|Counsel for Respondent
||Samuel C. Stretton
||During a two year time frame, in four client matters, attorney failed to: act with reasonable diligence; communicate; attend scheduled hearings; and return unearned fees. There were substantial aggravating factors: prior record of private discipline; failure to show remorse; lack of candor to the hearing committee; poor office management; blaming others for her wrongdoing; open liens and judgments; and failure to refund unearned fee. Mitigating factors included health problems and good character witnesses.
||RPC: 1.3; 1.4(a); 1.4(b); 1.15(a); 1.15(b); 1.16(a)(2); and 1.16(d)
||Suspension for one year and one day
|Points of Law
||• Respondent cannot attribute her poor performance to her poor health.
• Precedent establishes that attorneys who engage in multiple acts of client neglect and who have a prior record of discipline are candidates for suspension of one year and one day.
• Respondent must be able to manage her case load and law office properly if she wishes to avoid future disciplinary actions.