Disciplinary Reporter Case Digest

Attorney ID 48672
Attorney Name Artist, Sterling
DBP Docket No. 153 DB 2005
Supreme Court Docket No. 1133 DD No. 3
County Philadelphia
Disciplinary Counsel Harriet R. Brumberg
Counsel for Respondent None
Decision Date 2007-07-18
Effective Date 2007-08-17
Case Digest In three separate client matters, Respondent failed to act with reasonable diligence and communicate with his clients. In two of the matters, Respondent made misrepresentations to the clients to conceal his neglect. Respondent also failed to make prompt distribution of the settlement proceeds in one client matter. While Respondent claimed that he suffered from diabetes and depression, he failed to present any support for his medical condition, even after the Hearing Committee granted Respondent an opportunity to supplement the record post-hearing.
Rule Violation(s) RPC: 1.1; 1.2(a); 1.3; 1.4(a); 1.4(b); 1.5(b); 1.15(b); 1.16(d); 3.2; 3.3; 8.4(b); and 8.4(c).
Discipline Imposed Suspension for one year and one day
Points of Law Respondent offered his own testimony concerning health issues related to diabetes and depression, without offering expert testimony to document his medical condition. The Disciplinary Board stated that “[a]s no competent evidence was submitted which would permit consideration of Respondent’s assertion of physical/mental disabilities, the Board concludes that Respondent did not meet his burden of proof pursuant to Braun[], and is not entitled to mitigation.” Rpt. at p. 18.
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