In re Anonymous No. 54 D.B. 78

35 Pa. D. & C.3d 417
CourtSupreme Court of Pennsylvania
DecidedJune 21, 1985
DocketDisciplinary Board Docket No. 54 D.B. 78
StatusPublished

This text of 35 Pa. D. & C.3d 417 (In re Anonymous No. 54 D.B. 78) 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. 54 D.B. 78, 35 Pa. D. & C.3d 417 (Pa. 1985).

Opinion

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

PADOVA, Member,

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

I. HISTORY OF PROCEEDINGS

Petitioner, [ ], phrsuant to Rule 215, resigned from the practice of law in the Commonwealth of Pennsylvania on November 22, 1979. That resignation was accepted by the Supreme Court of Pennsylvania and made final by order dated December 10, [418]*4181979. At the time of his resignation, a disciplinary proceeding was pending against petitioner, at the captioned number, charging him with eight separate complaints. Petitioner, in his resignation, acknowledged that the material facts contained in the charges against him were true and could not be successfully defended. Such resignation was the culmination of a series of prior complaints against petitioner from 1976 to 1979 which had resulted in one private reprimand, seven informal admonitions and a six-month suspension by order of the Supreme Court effective April 5, 1979. The pattern of misconduct reflected by the many complaints against petitioner from 1976 to 1979 involved neglect, inattention, failure to act on matters entrusted to him, cover up and misrepresentations about such inactivity to his clients.

On November 16, 1984, petitioner filed with the Disciplinary Board the instant petition for reinstatement and reinstatement questionnaire with answers. The matter was referred to disciplinary hearing committee [ ] to conduct hearings on such petition. The hearing committee consisted of [ ], all of whom conducted a hearing on December 14, 1984. At the hearing, petitioner was represented by [A], Esq. [B], Esq., Assistant Disciplinary Counsel, appeared for the Office of Disciplinary Counsel.

In its report Issued on April 8, 1985, the hearing committee unanimously recommended petitioner’s reinstatement to the practice of law with the following conditions:

A. Precedent to Reinstatement

1. A satisfaction piece indicating that the judgment entered against petitioner in [ ] County to No. [ ] of 1979 has been satisfied and all costs paid; and

[419]*4192. A professional liability insurance policy issued to petitioner by an insurance company approved by the Pennsylvania Bar Association which provides coverage in the minimum amount of $250,000 per person and $500,000 per occurrence, plus a receipt indicating payment in full of the first year’s premium.

B. Continuing for Three Years

3. That petitioner practice only in association with another attorney and one who has been in the full-time practice of law for a minimum of ten years; and

4. That petitioner participate in continuing legal education courses offered by the Pennsylvania Bar Association (or comparable teaching entity) in the minimum of 15 credit hours per year, and that he supply written evidence of his participation to the District [ ] Office; and

5. That a receipt indicating evidence of the prepayment in full of the annual premium of the professional liability insurance policy referred to in condition No. 2 (above) be submitted to the District [ ] Office at or near the anniversary date of the policy; and

6. That petitioner continue his close and supportive association with Alcoholics Anonymous, and that he attend an average of three meetings a week.

At the end of the third year following the date of reinstatement, and assuming the foregoing conditions are met, all such conditions shall terminate.

No exceptions to the report of hearing committee [ ] have been filed by either the Office of Disciplinary Counsel or petitioner. By letter dated April 25, 1985, petitioner has submitted questions concerning the conditions precedent by the following text:

“We do, however, have the following questions concerning conditions precedent placed upon my client’s readmission. Must the judgment be paid [420]*420and must he obtain malpractice insurance before the next steps for his readmission are taken?”

Upon our review of the entire record in this proceeding, including the report, findings and recommendations of hearing committee [ ], we hereby recommend that the instant petition for reinstatement be granted upon condition only that:

1. The judgment entered against him in [ ] County to No. [ ] of 1979 be satisfied and all costs paid within two years from the date of reinstatement; a satisfaction piece indicating the same to be filed with the Office of Disciplinary Counsel, District [ ], no later than two years from the final order of reinstatement of the Supreme Court of Pennsylvania;

2. Petitioner continue his close and supportive association with Alcoholics Anonymous and that he attend an average of three meetings a week certifying the same quarterly to the District [ ] office. This condition is to terminate the third year following the date of reinstatement, assuming that all of the foregoing conditions are met.

II. DISCUSSION

In order for petitioner to gain reinstatement to the practice of law before the Bar of the Supreme Court of Pennsylvania, he has the burden of demonstrating, by clear and convincing evidence, that he has both the moral qualifications and the competency and learning in the law required for admission to practice in this Commonwealth. In addition, he has the burden of demonstrating that his resumption of the practice of law will not be detrimental to the integrity and standing of the Bar or the administration of justice, nor subversive of the public interest. See Rule 218(c)(3)(i) of the Pennsylvania Rules of Disciplinary Enforcement.

[421]*421Petitioner, age 39, had been admitted to the practice of law before the Supreme Court of Pennsylvania on April 14, 1971. After being discharged from active duty with the United States Army on May 11, 1971, he went into the private practice of law with [C] Esq., in [ ] County, Pa., and remained in that office until he was fired on October 13, 1975. Thereafter, he practiced essentially alone until April 5, 1979, when he received a six-month suspension. He has not practiced law in this or any other jurisdiction since that time.

By the mid-1970s, petitioner’s practice and local involvement were flourishing. Unfortunately, during the same period, petitioner developed an uncontrollable drinking problem and, by 1975, petitioner was an alcoholic. As a result of his addiction to alcohol, petitioner’s professional and personal life soon became disorganized, disrupted and unmanageable. There was no doubt in the hearing committee’s mind, and there is no doubt in our mind, that the primary cause of petitioner’s prior problems with his clients and the Disciplinary Board was rooted in his addiction to alcohol.

The evidentiary hearing upon reinstatement centered on the heroic and successful efforts of petitioner to overcome his alcoholism. Four witnesses testified on his behalf. Each gave an impressive perspective on the changes which have occurred since petitioner’s resignation from the Bar on December 10, 1979.

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35 Pa. D. & C.3d 417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-no-54-db-78-pa-1985.