In re Anonymous No. 47 D.B. 91

18 Pa. D. & C.4th 418, 1993 Pa. LEXIS 354
CourtSupreme Court of Pennsylvania
DecidedMarch 11, 1993
DocketDisciplinary Docket No. 47 D.B. 91
StatusPublished

This text of 18 Pa. D. & C.4th 418 (In re Anonymous No. 47 D.B. 91) 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. 47 D.B. 91, 18 Pa. D. & C.4th 418, 1993 Pa. LEXIS 354 (Pa. 1993).

Opinion

CARSON, Member,

HISTORY OF PROCEEDINGS

On April 22, 1991, the Office of Disciplinary Counsel filed a petition for discipline of respondent, charging her with mishandling two separate client matters.

The matter was referred to Hearing Committee [ ], which was chaired by [ ], Esq., and included [ ], Esq. and [ ], Esq.

On November 19,1991, the parties entered into detailed stipulations and agreed that respondent’s misconduct had occurred as alleged. That same day, a hearing on the matter was held before Hearing Committee [ ], at which time respondent admitted violating Rules of Professional Conduct 1.3, 1.4(a), and 1.16(d). Both petitioner and respondent filed briefs to the Hearing Committee which requested the imposition of a public censure.

Hearing Committee [ ] filed its report on August 5,1992, and recommended that respondent receive a public censure for her misconduct.

The matter was adjudicated at the October 23, 1992 meeting of the Disciplinary Board of the Supreme Court of Pennsylvania.

FINDINGS OF FACT

The following findings of fact are based upon the stipulation of the parties and documentary and testamentary evidence presented to the Hearing Committee.

(1) Petitioner, whose principal office is now located at Suite 400, Union Trust Building, 501 Grant Street, Pittsburgh, Pa., is invested, pursuant to Rule 207 of the Pennsylvania Rules of Disciplinary Enforcement (hereafter Pa.R.D.E.), with the power and the duty to investigate [420]*420all 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 admitted to practice law in the Commonwealth of Pennsylvania on or about October 20, 1982.

(3) Respondent’s office is located at [ ].

(4) In November 1987, [A] retained respondent to represent her in divorce and related matters against her husband, [B].

(5) After [A] retained respondent, [A] paid respondent a fee of $750 to commence the representation.

(6) At the time [A] retained respondent, [A] advised respondent that:

(a) the parties had been separated;

(b) the parties agreed that the divorce would be consensual;

(c) the parties had agreed that [A] was to be the primary custodian of the children;

(d) that [B] was making voluntary support payments to [A]; and

(e) the parties needed to resolve other equitable distribution issues prior to obtaining the divorce.

(7) On November 6,1987, respondent timely instituted divorce proceedings in the Court of Common Pleas of [ ] County captioned [A] v. [B], November Term, 1987, no. [ ].

(8) Subsequently, [C], Esq., entered his appearance on behalf of [B] in this divorce matter.

(9) After [C] entered his appearance, each attorney served interrogatories upon the other.

[421]*421(10) By letter dated June 13, 1988, [C] wrote to respondent.

(11) A copy of the letter of June 13, 1988 is attached to these stipulations and incorporated as Joint Exhibit 1. [The exhibits have not been reprinted in this volume.]

(12) Respondent received the original letter of June 13, 1988 prior to June 20, 1988.

(13) After receiving the letter of June 13, 1988, respondent forwarded a copy of that letter to [A].

(14) [A] received this letter on June 20, 1988.

(15) Subsequent to [C’s] letter of June 13, 1988, [B], in June 1988, ceased making support payments to [A].

(16) By letter dated June 27, 1988, respondent wrote to [C].

(17) [C] received respondent’s letter.

(18) A copy of respondent’s June 27, 1988 letter is attached as Joint Exhibit 2.

(19) After sending Joint Exhibit 2, respondent, during the period from June 1988 through March 1989, had various telephone conversations with [A] and scheduled meetings with [A] to discuss the divorce case.

(20) Those proposed meetings never took place.

(21) [A] would state that respondent never met with the client to formulate a proposal to settle the matter.

(22) During the time period mentioned above, respondent became ill, as a result of a pregnancy which had occurred during this time period.

(23) Respondent was hospitalized in September 1988 and October 1988. The latter hospitalization occurred as a result of her pregnancy, which ended in a miscarriage.

(24) During the time period mentioned above, no progress took place concerning the [A] divorce matter.

[422]*422(25) During the time period mentioned above, [A] repeatedly telephoned respondent’s office to learn the reasons for the delay in her divorce proceedings.

(26) On most of these occasions, respondent was unable to speak with [A].

(27) On the occasions when respondent was able to speak with [A], respondent explained that the reasons for the delay was respondent’s illness, the difficulties with her pregnancy, the lack of secretarial help, and the illness of respondent’s mother.

(28) Subsequently, in March 1989, respondent did prepare a draft of the property settlement and, by cover letter dated March 24, 1989, respondent forwarded it to the complainant for her review. A copy of the proposed property settlement and cover letter are attached to these stipulations and are incorporated as Joint Exhibits 3 and 4, respectively.

(29) On approximately April 27, 1989, respondent and [A] spoke on the telephone, at which time [A] voiced her approval of the proposed property settlement and respondent stated that she would immediately contact [C] concerning the proposed property settlement.

(30) As a result of that telephone conversation, complainant alerted her estranged husband to expect receipt of the proposed property settlement.

(31) Subsequently, [B] advised [C] that respondent would forward to him the proposed property settlement.

(32) By letter dated May 1, 1989, [C] wrote to respondent advising her that he had not received a copy of the proposed property settlement and requested that the proposed property settlement be forwarded to him. A copy of [C’s] May 1, 1989 letter is attached to the stipulations and incorporated as Joint Exhibit 5.

[423]*423(33) [C] would testify that he received no response from respondent.

(34) Between May 3, 1989 and June 5, 1989, [A] repeatedly called respondent’s office to inquire into the status of her case.

(35) During these telephone calls, respondent was never available to accept these calls and complainant left messages for respondent to return the calls.

(36) Respondent did not return any of these telephone calls.

(37) By certified letter dated June 6,1989, [A] advised respondent of her dissatisfaction with respondent’s handling of her case and demanded an immediate response from her. A copy of [A’s] June 6, 1989 certified letter is attached as Joint Exhibit 6.

(38) Respondent received [A’s] letter of June 6, 1989.

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Related

Office of Disciplinary Counsel v. Stern
526 A.2d 1180 (Supreme Court of Pennsylvania, 1987)
Office of Disciplinary Counsel v. Knepp
441 A.2d 1197 (Supreme Court of Pennsylvania, 1982)
Office of Disciplinary Counsel v. Herman
426 A.2d 101 (Supreme Court of Pennsylvania, 1981)

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18 Pa. D. & C.4th 418, 1993 Pa. LEXIS 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-no-47-db-91-pa-1993.