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Disciplinary Reporter Case Digest

Attorney ID 75434
Attorney Name Foltz, Grace Smith
DBP Docket No. 97 DB 2007
Supreme Court Docket No. 1345 DD No. 3
County Delaware
Disciplinary Counsel Ramona Mariani
Counsel for Respondent James C. Schwartzman
Decision Date 2007-05-08
Effective Date 2007-06-07
Case Digest Respondent co-mingled funds and was repeatedly out of trust in her IOLTA account. An investigation and audit into the IOLTA account was prompted by an overdraft in the account. In an effort to conceal the co-mingling and failure to appropriately safeguard client funds, Respondent provided Office of Disciplinary Counsel with a number of false and fraudulent documents and made numerous false statements. By Order dated March 8, 2008, the Supreme Court of Pennsylvania suspended Respondent for two years.
Rule Violation(s) 1.15(a)(pre-2005), RPC 1.15(a)(post-2004), 1.15(b),1.15(c)(pre-2005), 1.15(c)(post-2004),1.15(e)(post-2004),8.1(a)(pre-2005), 8.1(a)(post-2004), 8.1(b) (post-2004), 8.4(c) and 8.4(d).
Discipline Imposed Suspension for two years
Points of Law Pattern of deceit and dishonesty warranted a two-year suspension. Respondentís misconduct was mitigated by her subsequent admissions, cooperation with Disciplinary Counsel, remorse and regret. Further, despite co-mingled funds and being out-of-trust, no client complained about Respondentís representation and there was no evidence of any conversion of client funds.
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