In re Anonymous No. 131 D.B. 90

17 Pa. D. & C.4th 170, 1992 Pa. LEXIS 613
CourtSupreme Court of Pennsylvania
DecidedSeptember 10, 1992
DocketDisciplinary Board Docket No. 131 D.B. 90
StatusPublished

This text of 17 Pa. D. & C.4th 170 (In re Anonymous No. 131 D.B. 90) 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. 131 D.B. 90, 17 Pa. D. & C.4th 170, 1992 Pa. LEXIS 613 (Pa. 1992).

Opinion

FRIEDMAN, 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.

[171]*171HISTORY OF PROCEEDINGS

On November 30, 1990, the Office of Disciplinary Counsel (hereinafter petitioner) filed a petition for discipline against [ ] (hereinafter respondent). Among the misconduct set forth, the petition alleged that respondent had mismanaged, commingled and converted client funds. These actions constituted three separate charges with the following violations of both the Rules of Professional Conduct and the Pennsylvania Rules of Disciplinary Enforcement:

CHARGE I

(A) RPC 1.3 — A lawyer shall act with reasonable diligence and promptness in representing a client;

(B) RPC 1.4(a) — A lawyer shall keep a client informed about the status of a matter and promptly comply with reasonable requests for information;

(C) RPC 1.4(b) — A lawyer shall explain a matter to the extent necessary to permit the client to make informed decisions regarding the representation; and

(D) RPC 1.15(b) — Except as stated in this Rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property.

CHARGE II

(A) RPC 1.5(b) — When a lawyer has not regularly represented the client, the lawyer shall communicate the basis or rate of fee, in writing, to the client before or within a reasonable time after commencing representation;

[172]*172(B) RPC 1.15(b) — Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in the Rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property;

(C) RPC 8.4(a) — It is professional misconduct for a lawyer to violate or attempt to violate the Rules of Professional Conduct;

(D) RPC 8.4(c) — It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation;

(E) Pa.R.D.E. 203(b)(3) — Willful violation of any other provision of the Enforcement Rules shall be grounds for discipline; and

(F) Pa.R.D.E. 217(c) — Requires a formerly admitted attorney to promptly notify of the transfer to inactive status all persons to whom a fiduciary duty may at any time after the transfer to inactive status and all other persons with whom the formerly admitted attorney may at any time expect to have professional contacts under circumstances where there is a reasonable probability that they may infer that he or she continues as an attorney in good standing. The responsibility of the formerly admitted attorney to provide such notice shall continue as long as the attorney is on inactive status.

CHARGE III

(A) RPC 1.15(a) — A lawyer shall hold property of clients or third persons that is in a lawyer’s possession [173]*173in connection with a representation separate from the lawyer’s own property. Funds shall be kept in a separate account maintained in the state where the lawyer’s office is situated, or elsewhere with the consent of the client or third person. Other property shall be identified as such and appropriately safeguarded. Complete records of such account funds and other property shall be preserved for a period of five years after termination of the representation;

(B) RPC 8.4(c) — It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation.

Respondent failed to file an answer within the prescribed period of time ending on December 31, 1990.

On January 15,1991, the matter was referred to Hearing Committee [ ], which was chaired by [ ], Esquire, and included members [ ], Esquire, and [ ], Esquire.

The hearing was initially scheduled for March 11,1991. It was, however, rescheduled for April 23, 1991. On August 5, 1991, the Hearing Committee filed its report and recommended that respondent be suspended for a period of three months.

On August 27, 1991, petitioner filed its brief on exceptions which advocated that respondent be suspended for at least one year and one day.

The matter was adjudicated at the September 27,1991, meeting of the Disciplinary Board of the Supreme Court of Pennsylvania.

FINDINGS OF FACT

The Disciplinary Board of the Supreme Court of Pennsylvania adopts and incorporates by reference herein the following findings of fact which have been stipulated [174]*174to by the parties and are supported by both documentary and testimonial evidence:

(1) Petitioner, whose principal office is located at 300 North Second Street, Harrisburg, 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 to prosecute all disciplinary proceedings brought in accordance with the various provisions of the aforesaid Rules.

(2) Respondent, [ ], was born in 1945. In 1974, he was admitted to practice law in the Commonwealth of Pennsylvania and his office is located at [ ].

(3) In April of 1989, [A] retained respondent to represent him in a divorce proceeding filed by his wife, [B], and docketed at [ ] in [ ] County.

(4) On May 1, 1989, [A] executed a fee agreement in which he agreed to furnish respondent with a $500 retainer, as well as to be billed for respondent’s representation at a rate of $85 per hour.

(5) A court order dated April 28, 1989, directed the client to, inter alia, file a preliminary inventory and appraisement within 15 days.

(6) On May 2,. 1989, [A] transmitted the $500 retainer to respondent and shortly thereafter they discussed the assets held by [A].

(7) Despite this discussion on the client’s assets, respondent failed to file an inventory and appraisement on his client’s behalf.

(8) By a court order entered on May 25, 1989, respondent was directed to receive and retain in escrow [175]*175a $20,000 certificate of deposit titled in the names of both [A] and his father.

(9) Respondent acquired the $20,000 certificate of deposit.

(10) By a court order entered on June 12, 1989, [A] was directed to disburse $370 per month in alimony pendente lite.

(11) On June 26,1989, [B’s] attorney, [C], filed plaintiff’s interrogatories and a request for production of documents. Both discovery requests were promptly served upon respondent.

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17 Pa. D. & C.4th 170, 1992 Pa. LEXIS 613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-no-131-db-90-pa-1992.