Disciplinary Reporter Case Digest

Attorney ID 10046
Attorney Name Menconi , James F.
DBP Docket No. 92 DB 2009
Supreme Court Docket No. 1583 DD No. 3
County Schuylkill
Disciplinary Counsel Harold E. Ciampoli, Jr.
Counsel for Respondent None
Decision Date 2010-05-17
Effective Date 2010-06-16
Case Digest Respondent was retained by a Jeffrey Houser to probate the estate of his uncle, Elmer Houser. After filing for Letters Testamentary and a Petition for Probate, Respondent took no action for 18 months and failed to timely file an Inheritance Tax Return or administer the assets and liabilities of the estate. When Respondent failed to respond to numerous calls, Mr. Houser retained new counsel. For six months Respondent ignored requests by new counsel for the return of the file. Respondent only turned the file over after a court had issued an order compelling him to do so. Respondent had a history of discipline of two Informal Admonitions. Respondent failed to answer the Petition for Discipline and failed to appear at both the prehearing conference and disciplinary hearing. The Hearing Committee recommended a suspension of one year and one day. The Disciplinary Board recommended a suspension of two years because it was "persuaded that a longer suspension is necessary to serve as protection to the public and warning to Respondent that such misconduct will not be tolerated." The Supreme Court suspended Respondent for a period of two years.
Rule Violation(s) RPC 1.1, 1.3, 1.4(a)(2), 1.4(a)(3), 1.4(a)(4), 1.4(b), 1.5(b), and 1.16(d)
Discipline Imposed Suspension for two years.
Points of Law Respondent's pattern of neglecting clients and failure to participate in any manner in his disciplinary proceeding warranted a two year suspension.
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