| Case Digest |
In at least ten client matters, Respondent converted fiduciary funds deposited into Respondent’s IOLTA account with Bank of America. Respondent converted for his own use not less than $116,000 belonging to his clients and third parties Respondent’s misconduct took place from April 30, 2005 through July 13, 2006.
Respondent also commingled his funds with fiduciary funds and failed to maintain the financial records for the IOLTA account as required by RPC 1.15 and Pa.R.D.E. 221(g).
Mitigating factors in determining the discipline to impose were Respondent’s: lack of a record of discipline; cooperation; remorse; and restitution to the victims of his misconduct. Also, during the period of Respondent’s misconduct, Respondent experienced marital difficulties and increased family obligations that reduced Respondent’s ability to attend to his law practice, which diminished Respondent’s earnings from his law practice.
A three-member panel of the Disciplinary Board approved a Joint Petition in Support of Discipline on Consent, in which Respondent consented to a five-year suspension. On March 26, 2008, the Pennsylvania Supreme Court approved the Joint Petition in Support of Discipline on Consent.
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