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Disciplinary Reporter Case Digest

Attorney ID 4160
Attorney Name Pogach , Aaron
DBP Docket No. 67 DB 2010
Supreme Court Docket No. 1654 DD No. 3
County Philadelphia
Disciplinary Counsel Harriet R. Brumberg
Counsel for Respondent None
Decision Date 2010-11-15
Effective Date 2011-03-08
Case Digest Respondent drafted the Last Will and Testament for an elderly, bed-ridden client. The Will appointed Respondent executor of his client’s estate. In addition, the Will bequeathed to Respondent his client’s home, bank account, and remainder of her personal property. Respondent did not have the Will witnessed by two subscribing witnesses. Respondent was aware of the conflict of interest presented by his conduct in preparing a legal instrument on behalf of a client giving himself a substantial gift.
Rule Violation(s) 1.7(a) and 1.8(c)
Discipline Imposed Public Censure (on consent)
Points of Law A Public Censure is necessary to preserve public confidence in the legal profession and protect the public from attorneys who knowingly violate the Rules of Professional Conduct with impunity.
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