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Disciplinary Reporter Case Digest

Attorney ID 34537
Attorney Name Roselle, Michael
DBP Docket No. 59 DB 2006
Supreme Court Docket No. 1242 DD No. 3
County Mifflin
Disciplinary Counsel Patti S. Bednarik
Counsel for Respondent None
Decision Date 2007-04-20
Effective Date 2007-05-19
Case Digest Respondent failed to provide proof that he had complied with conditions that were imposed in conjunction with imposition of a Private Reprimand. Respondent was given an extension of time to comply with the conditions due to his poor health, and the Private Reprimand was rescheduled. On the day that the Private Reprimand was to be imposed, Respondent telephoned the Office of Disciplinary Counsel and advised them that he could not appear for the Private Reprimand due to health reasons and he had not complied with the conditions. Again, the Private Reprimand was postponed to give Respondent a final opportunity to appear for the Private Reprimand and prove compliance with the conditions imposed. Respondent failed to appear for the rescheduled Private Reprimand and failed to provide any explanation. Thereafter, Respondent stipulated that his willful failure to appear before the Board for Private Reprimand and his failure to comply with the condition of the Private Reprimand were grounds for discipline pursuant to Pa.R.D.E. 203(b)(2), and Pa.R.D.E. 204(b), respectively. Respondent was also conclusively deemed to have violated numerous Rules of Professional Conduct by his failure to file a QDRO on behalf of his client, his failure to communicate with his client, his failure to communicate the basis of his fees in writing to his client, and his failure to advise his client that he could not pursue alimony after the divorce was finalized. Respondent had previously received a prior Informal Admonition, which was an aggravating factor. Respondentís severe health problems and voluntary entry into a substance abuse program were considered mitigating factors.
Rule Violation(s) Rule 1.3, former Rule 1.4(a) and 1.4(b), current Rule 1.4(a)(3) and 1.4(a)(4), 1.4(a)(2) and 1.5(b), Pa.R.D.E. 203(b)(2) and 204(b)
Discipline Imposed One year and a day suspension.
Points of Law
Report/Opinion Download