Disciplinary Reporter Case Digest

Attorney ID 59118
Attorney Name DiClaudio, Scott
DBP Docket No. 156 DB 2009
Supreme Court Docket No. 1694 DD No. 3
County Philadelphia
Disciplinary Counsel Harriet R. Brumberg
Counsel for Respondent Samuel C. Stretton
Decision Date 2011-04-28
Effective Date 2011-05-28
Case Digest Respondent failed to file an appellate brief in one criminal matter, inform his client that he failed to file the appellate brief, and promptly refund his unearned fee. Respondent had a history of private discipline, having received two Informal Admonitions for similar misconduct. Respondent did not testify with complete candor at his disciplinary hearing. The Hearing Committee Report, Disciplinary Board Opinion, and Dissenting Statement of Justice Max Baer noted that Respondent had done little to address the shortcomings in his legal practice and failed to have taken to heart the seriousness of his prior discipline, and recommended 6-month stayed suspension and 2 years of probation with a practice monitor.
Rule Violation(s) 1.3; 1.4(a)(3); 1.4(a)(4); 1.16(d); and 8.4(d)
Discipline Imposed Suspension for 3 months, stayed with 1 year probation, practice monitor
Points of Law Respondentís failure to testify with complete candor at his disciplinary hearing, undertake serious improvements in his law practice, and take to heart the gravity of his past discipline were serious aggravating factors warranting greater discipline than the Public Censure recommended by the Hearing Committee.
Report/Opinion Download