| Case Digest |
Respondent neglected his client’s federal civil rights action against his employer, the PA Department of General Services, by failing to timely disclose the identity of his client’s witnesses – resulting in an Order precluding their testimony, and by “disappearing” just three days prior to trial necessitating the client to seek a continuance and obtain new counsel. When Respondent disappeared (he signed himself into a psychiatric facility), he left a note in the client’s file admitting to “extreme neglect.” Respondent had been paid a $3,000 flat fee pursuant to a written fee agreement which did not state that it was non-refundable or earned upon receipt. Respondent, however, had treated that fee as non-refundable and earned upon receipt and did not deposit it into a trust account. Respondent had also been paid $500 to cover costs which he did deposit in his IOLTA account. The client asked for an accounting of all funds that he had paid to the Respondent but the Respondent, after being contacted by Disciplinary Counsel, only accounted for the $500 and not the $3,000. A few days before disappearing, Respondent was transferred to inactive status for failure to comply with his CLE requirements. Months later, the CLE Board notified the Disciplinary Board that Respondent was in compliance and Respondent was reinstated to active status even though he had never complied with Rule 217(e), Pa.R.D.E., by filing a Statement of Compliance. Respondent testified that he had a substance abuse problem for which he obtained inpatient treatment on three occasions, the last of which was immediately before his client’s case was scheduled for trial. However, Respondent was not in any 12-step program and presented no testimony that there was a causal connection with his misconduct. The Hearing Committee recommended a six-month stayed suspension, with 12 months of probation with various conditions. No exceptions were filed. However, a majority of the Disciplinary Board recommended a suspension of one year and one day considering Respondent’s prior record of two informal admonitions for similar misconduct, his admitted substance abuse problem but his failure to participate in any 12-step program or with Lawyers Concerned for Lawyers. |
