In re Anonymous No. 101 D.B. 92

23 Pa. D. & C.4th 168, 1994 Pa. LEXIS 932
CourtSupreme Court of Pennsylvania
DecidedFebruary 28, 1994
DocketDisciplinary Board Docket no. 101 D.B. 92
StatusPublished

This text of 23 Pa. D. & C.4th 168 (In re Anonymous No. 101 D.B. 92) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Anonymous No. 101 D.B. 92, 23 Pa. D. & C.4th 168, 1994 Pa. LEXIS 932 (Pa. 1994).

Opinion

POWELL, Member,

Pursuant to Rule 208(d)(2)(iii) of the Pennsylvania Rules of Disciplinary Enforcement, the Disciplinary Board of the Supreme Court of Pennsylvania herewith submits its findings and recommendations to your honorable court with respect to the above-captioned petition for discipline.

I. HISTORY OF PROCEEDINGS

A petition for discipline was filed on October 23,1992, which brought five charges against respondent involving diligence, promptness, keeping a client informed, compliance with reasonable requests for information, delivery of client funds, and conduct prejudicial to the administration of justice. Respondent failed to file an answer to the petition. On October 27, 1992 petitioner filed a motion to consolidate a former petition for discipline encompassing five charges for similar offenses, but the motion was denied by order of November 6,1992. The former petition, captioned 42 D.B. 92, was the subject of a hearing which was held on October 19,1992. The Supreme Court [169]*169of Pennsylvania accepted the board’s recommendation concerning the charges of the former petition captioned 42 D.B. 92 and on October 13, 1993 suspended the respondent from the bar of this Commonwealth for a period of three years.

The instant matter was forwarded to Hearing Committee [ ] chaired by [ ], and included members [ ], and [ ]. The committee received testimony and exhibits at an oral hearing onFebruary 2,1993 without participation by the respondent. A post-hearing brief from Disciplinary Counsel was received and again respondent chose not to participate in the proceedings against him through the submission of a brief. The Hearing Committee filed its report on April 27, 1993 recommending that respondent should be disbarred from the practice of law. Neither party filed exceptions to the report of the Hearing Committee. This matter was adjudicated at the June 16, 1993 meeting of the Disciplinary Board.

II. FINDINGS OF FACT

The board adopts the following findings of fact noted by the Hearing Committee, some of which have been stipulated to by the parties and are amply supported by documentary and testimonial evidence:

(1) Petitioner, whose principal office is now located at Suite 400, Union Trust Building, 501 Grant Street, Pittsburgh, Pennsylvania, is invested, pursuant to Rule 207 of the Pennsylvania Rules of Disciplinary Enforcement with the power and the duty to investigate all matters involving alleged misconduct of an attorney admitted to practice law in the Commonwealth, of Pennsylvania and [170]*170to prosecute all disciplinary proceedings brought in accordance with the various provisions of the aforesaid rules.

(2) Respondent, [ ], was bom in 1962, and was admitted to practice law in the Commonwealth on December 3, 1987. He maintains, his office at [ ].

Charge I: [A] Matter

(3) In or around March 1990, complainant, [A], retained respondent to represent her in various domestic relations matters involving her estranged husband. (N.T. at 17.)

(4) Complainant and respondent executed a “fee agreement,” which provided that respondent would receive a fee of $300, including costs, for representing complainant in her divorce and related matters. Complainant paid the fee on March 14, 1990. (Stipulation exhibit no. 2.)

(5) On March 21, 1990, respondent filed a consolidated complaint for divorce and custody. An entry of appearance and answer was filed by [B], Esq., on behalf of complainant’s estranged husband. (Stipulation exhibits no. 3-5.)

(6) A master was appointed and a review conference regarding custody was held on May 23, 1991. Respondent attended the conference on behalf of complainant. (N.T. 19.)

(7) Although respondent attended two custody proceedings on complainant’s behalf, she expressed dissatisfaction with his services in the custody matter because he failed to secure attendance of witnesses or to effectively argue her concerns to the court. (N.T. 25.)

(8) After an additional pre-hearing conference, scheduled for September 26,1991, an agreement was reached [171]*171which concluded the custody matter. The order was entered on October 1, 1991 by Judge [C]. (Stipulation exhibit no. 6.)

(9) At this conference on September 26, 1991, complainant inquired when the divorce would be entered. Respondent advised her that she would receive her divorce decree within two weeks. (N.T. 19.) This was false, as respondent knew or should have known that no affidavits pursuant to 21 Pa.C.S. §§201(c) or (d) had been executed or filed; that they had to be executed within 30 days after they were filed, and that the decree could not be entered until the affidavits were filed.

(10) Since complainant had been separated for more than two years as of September 1991, filing for divorce under 21 Pa.C.S. §201(d) would not be impeded. (N.T. 18.)

(11) Respondent cancelled two appointments which complainant made between September 1991 and January 1992 in order to discuss the divorce. Respondent also failed to return numerous telephone calls made by complainant between January and February of 1992. (N.T. 21-22.)

(12) On February 19, 1992, petitioner advised respondent of a complaint which was being filed against him. He was further advised to communicate with complainant and take action on her divorce within the next 20 days. (Stipulation exhibit no. 7.)

(13) Respondent failed to communicate with complainant or take any action to complete her divorce after February 19, 1992. (N.T. 22.)

(14) Respondent, however, kept an appointment which was made by a friend of complainant under the pretense of being a new client in April 1992. (N.T. 22-23.)

[172]*172(15) At this meeting respondent told complainant that she would have to amend her complaint to seek a divorce under 23 Pa.C.S. §201(d). Thereafter, complainant terminated respondent’s services and demanded return of her file. (N.T. 22-23.)

(16) Respondent failed to return complainant’s file or refund any portion of her fee. (N.T. 23.)

(17) The following September, complainant retained other counsel who was able to obtain the divorce in less than six weeks. (N.T. 23; Stipulation exhibit no. 1.)

Charge II. [D] Matter

(18) On June 27, 1989, complainant, [D], filed a complaint for assumpsit and trespass with [E], District Justice [ ], against [F] Home Builders Inc. and its vice-president, [G]. The complaint sought damages in the amount of $3,296.22 plus costs relating to problems incurred with construction of a home. (N.T. 27; Stipulation exhibit no. 9.)

(19) The district justice rendered a judgment in favor of complainant for the amount of $2,383.11 on August 18, 1989. (Stipulation exhibits no. 9-10.)

(20) On September 15, 1989, [F] filed an appeal with the [ ] County Court of Common Pleas, which was docketed at no. [ ]. A rule to file complaint was issued on that day. (Stipulation exhibit no. 11.)

(21) At this point, complainant retained respondent to represent him in the above action. Complainant paid respondent’s requested fee of $250. Although respondent issued a receipt for the sum received, he failed to provide a written fee agreement. (N.T. 27, 31.)

[173]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Office of Disciplinary Counsel v. Knepp
441 A.2d 1197 (Supreme Court of Pennsylvania, 1982)
Office of Disciplinary Counsel v. Costigan
584 A.2d 296 (Supreme Court of Pennsylvania, 1990)
Office of Disciplinary Counsel v. Tumini
453 A.2d 310 (Supreme Court of Pennsylvania, 1982)
Office of Disciplinary Counsel v. Grigsby
425 A.2d 730 (Supreme Court of Pennsylvania, 1981)
In Re Oxman
437 A.2d 1169 (Supreme Court of Pennsylvania, 1981)
Office of Disciplinary Counsel v. Lewis
426 A.2d 1138 (Supreme Court of Pennsylvania, 1981)
Office of Disciplinary Counsel v. Keller
506 A.2d 872 (Supreme Court of Pennsylvania, 1986)
Office of the Disciplinary Counsel v. Campbell
345 A.2d 616 (Supreme Court of Pennsylvania, 1975)
Berlant Appeal
328 A.2d 471 (Supreme Court of Pennsylvania, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
23 Pa. D. & C.4th 168, 1994 Pa. LEXIS 932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-no-101-db-92-pa-1994.