In re Anonymous No. 105 D.B. 88

29 Pa. D. & C.4th 114, 1995 Pa. LEXIS 2519
CourtSupreme Court of Pennsylvania
DecidedOctober 13, 1995
DocketDisciplinary Board Docket no. 105 D.B. 88
StatusPublished

This text of 29 Pa. D. & C.4th 114 (In re Anonymous No. 105 D.B. 88) 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. 105 D.B. 88, 29 Pa. D. & C.4th 114, 1995 Pa. LEXIS 2519 (Pa. 1995).

Opinion

To the Honorable Chief Justice and Justices of the Supreme Court of Pennsylvania:

KERNS, Member,

Pursuant to Rule 218(c)(5) of the Pennsylvania Rules of Disciplinary Enforcement, the Disciplinary Board of the Supreme Court of Pennsylvania submits its findings and recommendations to your honorable court with respect to the above-captioned petition for reinstatement.

I. HISTORY OF PROCEEDINGS

On or about May 3, 1994, the petitioner herein filed a petition for reinstatement. The petitioner was present and represented by [ ], Esquire. The Office of Disciplinary Counsel was represented by [ ], Esquire, Senior Disciplinary Counsel and [ ], Esquire, Assistant Disciplinary Counsel. The matter was referred to Hearing Committee [ ] consisting of [ ], Esquire, Chairman, [ ], Esquire, [ ], Esquire.

[116]*116The reinstatement hearing was held on October 28, 1994, in the Office of Disciplinary Counsel, [ ].

On April 6,1995, the Hearing Committee report was filed with the recommendation that the petition for reinstatement of [petitioner] be granted. The matter was adjudicated at a meeting of the Disciplinary Board held on June 16, 1995.

II. FINDINGS OF FACT

The board makes the following findings of fact:

(1) [Petitioner], attorney identification number [ ], currently resides at [ ]. (Petition for reinstatement.)

(2) Petitioner’s date of birth is March 17, 1925 and he is currently 70 years of age. (Petition for reinstatement.)

(3) Petitioner graduated from [ ] University in 1950 and [ ] Law School in 1955.

(4) Petitioner is currently married and has five children.

(5) Petitioner is currently unemployed.

(6) During his years as a practicing attorney he was an [ ] also a part-time [ ] under [ ]. He was also general counsel for the [ ] for 15 years.

(7) Petitioner was a [ ] for six years, serving three terms and was elected to represent the [ ] of [ ].

(8) Petitioner resigned from the practice of law on June 10, 1989, and was subject to an order of court dated June 28, 1989, disbarring him on consent.

(9) Petitioner was convicted of the offenses of conspiracy to commit perjury, to suborn perjury and obstruction of justice 18.371 C.T. 1, obstruction of justice 18.1503 C.T. 2, perjury 18:1621 Cts. 6, 9 and 10 by the Honorable [A] on July 13, 1988.

[117]*117(10) Judgment of sentence was imposed and petitioner was placed on probation for a period of three years, that he serve 200 hours of community service during the first two years of his probation and that he be fined $250.

(11) The period of probation was served without incident and with the 200 hours of community service being performed through the manner of raising funds for [ ] a public television station.

(12) The conviction was very embarrassing and extremely difficult on petitioner’s family who have been supportive throughout the entire matter.

(13) Petitioner expressed his regret and stated that it was an isolated incident.

(14) Since the time of the conviction, petitioner has had open heart surgery and a difficult recuperation having been hospitalized three or four times thereafter.

(15) His desire to return to the practice of law is great and he firmly believes that he will be a credit to the profession if reinstated.

(16) In addition to complying with the educational requirements of the Disciplinary Board through the Pennsylvania Bar Institute, much time was spent at the [ ] Library in the last several years doing research because of an estate matter in [ ].

(17) There was no financial reward or remuneration received from the episode leading up to indictment and conviction.

(18) Another attorney, [B], who was a friend of his, brought him into the conspiracy.

(19) There are currently five judgments entered against petitioner and a federal tax lien which have [118]*118no relationship whatsoever to the actions of petitioner which led up to his disbarment.

(20) Prior to his disbarment, petitioner’s practice consisted of some criminal and civil work but basically was a full-time general practice of law.

(21) The petitioner acknowledged absolutely that what he had done previously was wrong and that he was remorseful for it.

(22) Since his disbarment, petitioner’s work history included working for the [ ] as a consultant, a general office equipment firm and [ ]. This was during the period of 1987 through 1989 and he left this consulting business because of problems with his health.

(23) The current source of income for petitioner’s family is his wife’s employment as an interior decorator and social security.

(24) Because of his involvement in the criminal matter and his disbarment, petitioner became heavily in debt. He was forced to sell his home at a reduced price and took care of what he believed to be all of his debts at that time. He took this course as opposed to filing bankruptcy.

(25) The Office of Disciplinary Counsel did not oppose the reinstatement.

(26) Petitioner provided two character witnesses who testified at the hearing, [C], an attorney in [ ] and [D], Executive Director of the [ ] County Bar Association as well as various letters of recommendation.

(27) The criminal activities of which petitioner was convicted occurred over 10 years ago.

(28) Since disbarment petitioner’s activities have not constituted the unauthorized practice of law.

[119]*119(29) Petitioner has apologized to the Bar Association.

(30) [D], Executive Director of the [ ] County Bar Association, felt that the episode relative to [petitioner] was tragic and an aberration. That upon his observation, [petitioner] was embarrassed, contrite and wants to return to the practice of law.

III. CONCLUSIONS OF LAW

The misconduct for which petitioner was disbarred is not so overwhelmingly egregious to preclude immediate consideration of his petition for reinstatement.

Petitioner has demonstrated, by clear and convincing evidence, that he possesses the moral qualification, competency and learning in the law necessary to practice law in the Commonwealth of Pennsylvania.

Petitioner’s resumption of the practice of law will not be detrimental to the integrity of the bar nor will it be subversive to the interest of the public.

IV. DISCUSSION

As we begin the review of any petition for reinstatement and the subsequent evidence presented on behalf of the petitioner, the board is guided by Pa.R.D.E. 218(c)(3)(i) which establishes the burden upon the petitioner as follows:

“A disbarred or suspended attorney shall have the burden of demonstrating by clear and convincing evidence that such person has the moral qualifications, competency and learning in the law required for admission to practice law in this Commonwealth, and that the resumption of the practice of law within the [120]

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Related

Matter of Costigan
664 A.2d 518 (Supreme Court of Pennsylvania, 1995)
Office of Disciplinary Counsel v. Keller
506 A.2d 872 (Supreme Court of Pennsylvania, 1986)

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Bluebook (online)
29 Pa. D. & C.4th 114, 1995 Pa. LEXIS 2519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-no-105-db-88-pa-1995.