In re Anonymous No. 124 D.B. 96

43 Pa. D. & C.4th 316, 1998 Pa. LEXIS 2849
CourtSupreme Court of Pennsylvania
DecidedJuly 15, 1998
DocketOffice of Disciplinary Counsel no. 124 D.B. 96
StatusPublished

This text of 43 Pa. D. & C.4th 316 (In re Anonymous No. 124 D.B. 96) 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. 124 D.B. 96, 43 Pa. D. & C.4th 316, 1998 Pa. LEXIS 2849 (Pa. 1998).

Opinion

Nix III, Member,

I. HISTORY OF PROCEEDINGS

On October 3,1996, á petition for discipline was filed against respondent by Office of Disciplinary Counsel. Respondent filed an answer on November 25, 1996.

[318]*318On November 26, 1996, the petition was referred to Hearing Committee [ ] comprised of Chair [ ], Esquire, and Members [ ], Esquire and [ ], Esquire.

On December 2, 1996, an answer supplement to the petition for discipline was filed by respondent.

On February 21, 1997, [ ], Esquire entered his appearance on behalf of respondent.

On April 29, 1997, a disciplinary hearing was held.

The Hearing Committee filed its report on January 20, 1998, recommending that the respondent receive a one-month suspension.

Petitioner filed a brief on exceptions on February 9, 1998 and requested that a two-year suspension be imposed. Respondent filed a brief on exceptions on March 2,1998, requesting oral argument, and requested that an informal admonition or private reprimand be imposed.

On April 13,1998, respondent requested that the record be reopened which request was opposed by petitioner.

On May 4, 1998, this board denied the respondent’s request to reopen the record.

On May 20, 1998, oral argument was held in the District III Office before Chair Robert N.C. Nix III, and Members Carolyn Raven Rudnitsky and Richard W. Stewart.

This matter was adjudicated at the June 10,1998, meeting of the board.

II. FINDINGS OF FACT

The board makes the following findings of fact:

(1) Petitioner, whose principal office is located at Suite 3710, One Oxford Centre, Pittsburgh, Pennsylvania, is invested, pursuant to Rule 207 of the Pennsylvania Rules of Disciplinary Enforcement, with the power and the duty [319]*319to investigate all matters involving alleged misconduct of an attorney admitted to practice law in the Commonwealth of Pennsylvania and to prosecute all disciplinary proceedings brought in accordance with the various provisions of the aforesaid rules.

(2) Respondent, [ ], was bom on March 28, 1959 and was admitted to practice law in the Commonwealth of Pennsylvania on or about May 31, 1991. In his latest attorney registration statement, respondent Usted his place of employment and mailing address as the law firm of [ ], which has an office at [ ]. Respondent is currently on inactive status in the Commonwealth of Pennsylvania and is subject to the disciplinary jurisdiction of the Disciplinary Board of the Supreme Court.

(3) In October 1990, respondent filed an application for admission to the bar of the Commonwealth of Pennsylvania.

(4) In response to question 11(a) on that application, which asks whether the applicant has “within the last three years undergone treatment or been committed to an institution for treatment of a mental illness,” respondent checked “no.”

(5) That answer was false, in that respondent had been hospitalized periodically beginning in 1982 for “nervous breakdowns” and had been diagnosed in 1988 as suffering from a “bipolar disorder.”

(6) Respondent intentionally omitted this information on his bar application because he believed that the disclosure of his mental condition would prevent him from becoming licensed in Pennsylvania.

(7) Respondent has never practiced law in the Commonwealth of Pennsylvania and went on inactive status in Pennsylvania in May 1997.

[320]*320(8) Respondent’s history of mental illness began in 1982, and he was eventually diagnosed in 1988 as suffering from a bipolar disorder that required periodic hospitalizations.

(9) His condition was initially treated with lithium and haldol, which treatment was incorrect.

(10) His drug treatment was corrected and since the change in medication to lithium and risperdal, no hospitalizations have been necessary.

(11) Respondent sees a psychiatrist on a quarterly basis to monitor his condition and drug treatment.

(12) In March of 1991, respondent subsequently became a member of the Washington, D.C. Bar. He failed to disclose his mental history to the Washington, D.C. authorities.

(13) In December 1995, respondent applied for admission to the Maryland Bar and on this application, he voluntarily disclosed his mental health history.

(14) By letter dated December 15, 1995, respondent voluntarily informed both the Office of Disciplinary Counsel and the Washington, D.C. authorities of his failure to disclose his mental health history.

(15) Respondent had concerns about the confidentiality of such information.

(16) Respondent believed that such information was strictly confidential between him and his doctor.

(17) Respondent believed that the stigma of being known as a person with a mental illness would end his legal career before it had started.

(18) Question 11(a) on the Pennsylvania Bar application is no longer asked since the passage of Americans with Disabilities Act.

[321]*321in. CONCLUSIONS OF LAW

Respondent’s failure to truthfully respond to question 11(a) on his Pennsylvania Bar application is a violation of R.P.C. 8.1(a) and R.P.C. 8.4(c) & (d).

IV. DISCUSSION

There is no question that respondent’s misconduct, is a violation of the Rules of Professional Conduct, and the only issue before this board is the determination of the appropriate discipline. In determining the appropriate discipline, the board must be mindful of the precedents which provide a benchmark for tailoring an appropriate discipline to a particular set of facts. Office of Disciplinary Counsel v. Lucarini, 504 Pa. 271, 472 A.2d 186 (1983). Further, this board must also be cognizant of the fact that our bar recognizes the seriousness of the misconduct, as it applies to the public’s need for confidence in the system. Office of Disciplinary Counsel v. Keller, 509 Pa. 573, 506 A.2d 872 (1986).

It is also well settled that the Rules of Professional Conduct apply to attorneys even though their transgressions were committed prior to their admittance to the bar. Office of Disciplinary Counsel v. Zdrok, 538 Pa. 41, 645 A.2d 830 (1994).

In cases involving the failure to truthfully answer a question on the bar application, our Supreme Court has consistently imposed public discipline. In In re Anonymous No. 8 D.B. 94, 29 D.&C.4th 315 (1995), the respondent in her bar application failed to disclose the fact that she had been arrested for driving under the influence and possession of a controlled substance. She also failed to completely list her employment for the last seven [322]*322years and to list all the bar examinations for which she had sat. She was suspended for 12 months.

In In re Anonymous No. 80 D.B. 94,

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

Related

Office of Disciplinary Counsel v. Zdrok
645 A.2d 830 (Supreme Court of Pennsylvania, 1994)
Office of Disciplinary Counsel v. Keller
506 A.2d 872 (Supreme Court of Pennsylvania, 1986)
Office of Disciplinary Counsel v. Lucarini
472 A.2d 186 (Supreme Court of Pennsylvania, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
43 Pa. D. & C.4th 316, 1998 Pa. LEXIS 2849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-no-124-db-96-pa-1998.