In re Anonymous No. 120 D.B. 88

6 Pa. D. & C.4th 1
CourtSupreme Court of Pennsylvania
DecidedJuly 21, 1989
DocketDisciplinary Board Docket no. 120 D.B. 88
StatusPublished

This text of 6 Pa. D. & C.4th 1 (In re Anonymous No. 120 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. 120 D.B. 88, 6 Pa. D. & C.4th 1 (Pa. 1989).

Opinion

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

SCHILLER, 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 [2]*2court with respect to the above-captioned petition for reinstatement.

HISTORY OF PROCEEDINGS

In September 1982, the petitioner voluntarily went on inactive status because he was not actively engaged in the practice of law. On November 14, 1988, petitioner filed the petition for reinstatement from inactive status along with the special reinstatement questionnaire.

Pursuant to rule 218(c)(5) of the Pennsylvania Rules of Disciplinary Enforcement, the petition was referred to Hearing Committee [ ] consisting of [ ], sitting alone. Following a hearing which was held on February 9, 1989, the hearing committee member filed a report with the Disciplinary Board on May 3, 1989 in which the member recommended petitioner’s reinstatement to the practice of law. No exceptions to this report and recommendation were filed by the Office of Disciplinary Counsel.

The Disciplinary Board adjudicated the matter on June 30, 1989.

FINDINGS OF FACT

The Disciplinary Board substantially adopts the following findings of fact set forth in the hearing committee report:

(1) Petitioner is 45 years old and resides at [ ].

(2) After his graduation from law school in 1968, petitioner passed the bar exam, then taught for two years and then was admitted to the practice of law in the commonwealth in 1970.

(3) Petitioner has not actively practiced law at any time since his admission to the bar.

(4) Petitioner was actively engaged as an officer in the operation of his family’s business, [A] Company, from 1970 until it was sold in 1987.

[3]*3(5) For several years and at the present time, petitioner has been active in managing the affairs of a. number of corporations owned by the [B] family (the “[B] Group”).

(6) In his activities on behalf of both [A] and the [B] Group petitioner has long and frequently acted, in addition to other capacities, much the way corporate house counsel might operate — involving himself in and directing the legal affairs of the companies, hiring outside counsel and coordinating and directing their work.

(7) Petitioner has been actively involved in the analysis, discussion and application of thej legal principles and rules of a number of complicated and sophisticated areas of the law since 1970 and up to the present time, including: labor law, workplace health and safety legislation and regulation, contracts and sales law, environmental law, corporate finance, estate planning, taxation and real estate.

(8) Two “highly regarded” and qualified members of the bar of the commonwealth, [C], Esq. and [D], Esq., have worked closely with him on a number of complex legal matters and each testified without hesitation or qualification to his superior acumen, knowledge, sophistication and judgment in connection with the complex legal issues that they handled and discussed with him. A third “highly respected” member of the bar, [E], Esq., submitted an affidavit in petitioner’s behalf, attesting to the superior level of petitioner’s current knowledge of legal principles relevant to matters on which they worked together.

(9) Petitioner testified that, although he has not taken any specific courses, he has kept abreast of certain areas of the law by attending seminars, and for a time he actively maintained a law library related to those matters with which he most frequently dealt.

[4]*4(10) It is petitioner’s present intention to act as actual (as opposed to de facto) corporate house counsel for the [B] Group, but he may buy and then operate another business, or he may engage in the full-time practice of law.

(11) Petitioner testified that he realizes that there are certain areas of the law with which he has maintained no contact since law school and that, if he opened an office for the practice of law, he would refe^r matters involving such areas to others.

DISCUSSION

In this case, petitioner, a formerly admitted attorney who has been on inactive status, has the burden of demonstrating that he has the moral qualifications, competency and learning in the law required for admission to practice in the Commonwealth of Pennsylvania. Rule 218(c)(3)(h).

This rule states a general standard without elaboration which may result in confusion about how to apply the standard. However, it is a much more lenient standard than the one applied to the petition of reinstatement of a disbarred or suspended attorney as stated in rule 218(c)(3)(i). See e.g., Philadelphia Newspapers Inc. v. Disciplinary Board of the Supreme Court, 468 Pa. 381, 363.A.2d 779 (1976).

The sole issue in this case is whether petitioner has the competency and learning in the law required for admission to the practice of law. Petitioner has never been subject to disciplinary action and his transfer to inactive status was voluntary. Petitioner testified to the reason for his inactive status:

“Since I did not hold myself out as a lawyer to the public, I dropped from active status only because I did not see any point of sending in money every year [to the Disciplinary Board for attorney registration]
[5]*5. . . I didn’t realize that after a time of maintaining the inactive status, it would require [more] than sending in a current year’s dues to change that status.”

Moral Qualifications

As stated above, petitioner’s moral qualifications are not at issue. Petitioner has easily met his burden on this point. During the course of the evidentiary hearing on reinstatement, two witnesses unequivocally testified to petitioner’s high moral character and his standing as a respected member of the community. Furthermore, Disciplinary Counsel has not questioned petitioner’s moral character nor have they attempted to submit evidence to impeach petitioner’s integrity.

The Disciplinary Board has found that petitioner possesses the requisite moral qualifications to be reinstated to the practice of law in the Commonwealth of Pennsylvania.

Competency and Learning in the Law

Two attorney witnesses testified quite forcefully on petitioner’s behalf that he has acquired and exhibited a firm grasp of the legal principles relevant to issues faced by corporate management. An attorney witness testified: “that as a practical matter and as a fact, petitioner served as a de facto house counsel to [A] Company as well as its chief executive.” The testimony of the other attorney witness included extensive and descriptive examples of the wide variety of legal matters petitioner had competently been involved with while managing the affairs of a number of corporations.

Although petitioner has not taken any specific courses, he has attended approximately six seminars. Disciplinary Board Rule 89.279, which re[6]*6quires petitioners to complete courses which meet the current schedule of subjects, does not apply to petitioner in this case.

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Related

Estate of Crawford
362 A.2d 993 (Supreme Court of Pennsylvania, 1976)

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Bluebook (online)
6 Pa. D. & C.4th 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-no-120-db-88-pa-1989.