Disciplinary Reporter Case Digest

Attorney ID 64374
Attorney Name Marzano, Julie Ann
DBP Docket No. 46 DB 2006
Supreme Court Docket No. 1262 DD No.3
County Philadelphia
Disciplinary Counsel Robert P. Fulton
Counsel for Respondent Vincent J. Giusini
Decision Date 2007-08-01
Effective Date 2007-08-31
Case Digest Respondent was on inactive status for non-compliance with CLE since circa 1997. Respondent was found to have been engaged in the unauthorized practice of law on 3 occasions including 2 litigation matters in Philadelphia. 2 of the 3 matters were for family members (1 litigation). Respondent proffered Braun mitigation that was directed toward her failure to complete CLE. The H.C. found Braun mitigation and recommended that Respondent should be suspended for 6 months consecutive to her successful completion of CLE. ceptions; Respondent filed a brief in opposition. The Board determined that Respondent had failed to meet the Braun standard and recommended that Respondent be suspended for nine months. Neither of the parties filed for review and the Supreme Court entered an order for a nine month suspension.
Rule Violation(s) RPC 5.5(a); RPC 5.5(b); RPC 7.1; RPC 7.5(b); RPC 8.4(c); RPC 8.4(d); and Pa.R.D.E. 203(b)(3) via Pa.R.D.E. 217(c)(2), 217(d), 217(j)(2), 217(j)(3), 217(j)(4)
Discipline Imposed Nine Month Suspension
Points of Law Respondent attempted to prove Braun mitigation by producing a psychologist with whom she met on one occasion and who did not know the full history of the disciplinary proceedings. The psychologist could not and did not make a diagnosis under the DSM-IV. The psychologist determined that there was a causal connection between Respondent’s failure to complete CLE and her “depression”. The Board rejected this argument and determined that there was no causal connection between the “depression” and the charged misconduct, the unauthorized practice of law. The Board stated in its recommendation that the nine month suspension “fairly and reasonably disciplines Respondent for her professional misconduct and achieves the goals of protecting the public and the integrity of the courts.”
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