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Disciplinary Reporter Case Digest

Attorney ID 70329
Attorney Name Silver , Stanley
DBP Docket No. 15 DB 2010
Supreme Court Docket No. 1611 DD 3
County York
Disciplinary Counsel Edwin W. Frese, Jr.
Counsel for Respondent None
Decision Date 2010-06-23
Effective Date 2010-07-23
Case Digest While serving a six-month suspension as a result of a criminal conviction for failing to stop at the scene of an accident with an occupied vehicle, the Respondent agreed to represent the Complainant in preparing a PCRA petition and was paid a $500 fee by the Complainantís mother. Respondent failed to advise either the client or her mother of his suspension and inability to practice law. Respondent initially provided some legal advice, drafted a petition for transcripts and to proceed in forma pauperis, which the client signed and the Respondent filed. He reviewed records and interviewed a witness but ultimately failed to file a PCRA petition within the required time period, despite promises to do so, and thereafter failed to respond to calls and letters from the Complainant and her mother. In the interim, after Respondentís six-month period of suspension expired, Respondent filed a Statement of Compliance wherein he falsely certified to the Disciplinary Board that he had fully complied with the suspension order and with the applicable Rules of Disciplinary Enforcement and Board Rules. After the Complainant had complained and Disciplinary Counsel contacted Respondent, he refunded the $500 to the Complainantís mother but failed to return the Complainantís transcripts for a number of additional months. A Joint Petition was entered into after a Petition for Discipline had been filed , not answered, was assigned to a Hearing Committee, and dates set for Prehearing Conference and disciplinary hearing.
Rule Violation(s) 1.1, 1.3, 1.4(a)(3) 1.4(a)(4), 1.4(b), 1.5(a), 1.15(b), 1.15 (e), 1.15 (i) 1.15 (m), 1.16(a)(1) (d), 3.3(a)(1), 5.5(a), 8.4(a), 8.4(c) 8.4 (d), PaRDEs 217(c)(2), 217 (d), 217(e) 217 (1), 217 (j)
Discipline Imposed Suspension for two years
Points of Law
Report/Opinion Download