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Disciplinary Reporter Case Digest

Attorney ID 40085
Attorney Name Harvin , James Edward
DBP Docket No. 108 DB 2008
Supreme Court Docket No. 1591 DD No. 3
County Allegheny
Disciplinary Counsel William R. Friedman
Counsel for Respondent None
Decision Date 2010-06-16
Effective Date 2010-07-16
Case Digest Respondent was transferred to inactive status in December 2006 for failing to file a periodic assessment form and pay an annual fee and that he received notice that he had been transferred to inactive status. Despite receiving such notice, Respondent continued to represent a client in a civil matter until his representation was withdrawn by motion of opposing counsel. The Board found that Respondent did not attempt to “excuse his misconduct or blame others.” Respondent offered no mitigation other than his description of his health-related problems and their impact on his personal and professional life. The Board found that Respondent’s prior discipline (an Informal Admonition) for similar misconduct, overlapped the timeframe in which he was representing the client described herein. By Order of the Supreme Court of Pennsylvania dated June 16, 2010, upon consideration of the Report and Recommendation of the Disciplinary Board, Respondent was suspended from the bar of the Commonwealth for a period of one year and one day.
Rule Violation(s) 1.4(a)(1), 1.4(a)(2), 1.4(a)(3), 1.4(a)(5), 1.4(b), 1.16(a)(1), 3.3(a)(1), 4.1(a), 5.5(a), 5.5(b)(2), 8.4(c), and 8.4(d) and Pa RDE 217(b), 217(e) and 219(d)(3)
Discipline Imposed Suspension for one year and one day
Points of Law The unauthorized practice of law may cause a Respondent to have his or her license to practice law suspended in the Commonwealth of Pennsylvania. The factual allegations in a Petition for Discipline will be deemed admitted if Respondent fails to file an Answer to the Petition for Discipline Prior discipline may increase the level of discipline imposed.
Report/Opinion Download