Disciplinary Reporter Case Digest

Attorney ID 24547
Attorney Name Cohen, Leighton
DBP Docket No. 48 DB 2005
Supreme Court Docket No. 1008 D.D. No. 3
County Lehigh
Disciplinary Counsel Suzy S. Moore
Counsel for Respondent James C. Schwartzman
Decision Date 2006-10-10
Effective Date 2005-04-15
Case Digest This was a criminal conviction case. Respondent plead guilty to and was convicted of one count of deceptive or fraudulent business practices. He admitted to recklessly engaging in a course of business in which he made a false or misleading statement in an advertisement addressed to the public or to a substantial segment thereof for the purposes of promoting the purchase or sale of property or service, to wit: an advertisement indicating that special financing had been set aside for Pennsylvania mobile home owners and that these special funds could be used for any purpose. Respondentís criminal sanction was two years of probation, a fine, restitution and court costs. Respondent agreed to the immediate suspension of his license to practice law at the time of his criminal sentencing. At his disciplinary hearing, Respondent testified and presented several character witnesses. The Hearing Committee found that Respondent expressed remorse. The Hearing Committee recommended a one-year suspension retroactive to January 5, 2005, the date Respondent plead guilty to his crime and stated that he ceased practicing law. The Disciplinary Board recommended a one-year suspension retroactive to April 15, 2005, the date of Respondentís temporary suspension from the practice of law. The Supreme Court entered a one-year suspension order retroactive to April 15, 2005.
Rule Violation(s) Pa.R.D.E. 203(b)(1), RPC 8.4(b)
Discipline Imposed One Year Suspension Ė retroactive to the date of temporary suspension
Points of Law Where an attorney convicted of a crime ceases to practice law, a suspension will be entered retroactive to the date when he is temporarily suspended, not to the date of his voluntary cessation of practice.
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