In re Anonymous No. 54 D.B. 83 & 59 D.B. 83

34 Pa. D. & C.3d 606
CourtSupreme Court of Pennsylvania
DecidedApril 19, 1985
DocketDisciplinary Board Docket nos. 54, 59 D.B. 83
StatusPublished

This text of 34 Pa. D. & C.3d 606 (In re Anonymous No. 54 D.B. 83 & 59 D.B. 83) 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. 83 & 59 D.B. 83, 34 Pa. D. & C.3d 606 (Pa. 1985).

Opinion

SCHWARTZMAN, Member,

Pursuant to Pennsylvania Rule of Disciplinary Enforcement 208(d)(2)(iii) the Disciplinary Board of the Supreme Court of Pennsylvania submits this report and recommendations to your honorable court respecting the above-captioned petition for discipline.

I. HISTORY OF THE CASE

This case involves the failure of respondent over a period of time from 1977 through 1983 to timely process lawsuits which he had accepted, and his subsequently lying to his clients as to the status of the cases. In several of the cases, he falsely told the [607]*607client that he had filed suit and that the case was in process; that hearings had been scheduled; that hearings had been held; that judgments or settlements had been obtained in favor of the client; and that money would shortly be received in satisfaction of those judgments. In others, he indulged in similar egregious fabrications.

Several of the complained-of actions took place while respondent was employed as a staff attorney by [A] Legal Services, but some occurred while he was in private practice.

It appears that some financial loss was suffered by some of his clients as a result of the resondent’s action or inaction.

The issues involved are guilt of the charges specified and the punishment to be imposed. There are no factual issues because respondent stipulated to, and admitted the truth of, all factual allegations contained in the two petitions for discipline.

There are no questions concerning admission of evidence or other procedural matters.

Office of Disciplinary Counsel filed two petitions for discipline, charging violations of the following Rules of the Code of Professional Responsibility:

“(a) Disciplinary Rule 1-102(A)(4) — dealing with a lawyer engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.
(b) Disciplinary Rule 1-102(A)(6) — dealing with a lawyer engaging in any other conduct that adversely reflects on his fitness to practice law.
(c) Disciplinary Rule 6-101(A)(3) — dealing with a lawyer neglecting a legal matter entrusted to him.
(d) Disciplinary Rule 7-101(A)(1) — dealing with a lawyer intentionally failing to seek the lawful objectives of his client through reasonably available means.
[608]*608(e) Disciplinary Rule 7-101(A)(2) — dealing with a lawyer intentionally failing to carry out a contract of employment entered into with a client for professional services.”

II. FINDINGS OF FACT

1.Respondent, [ ], was born in 1946, was admitted to practice law in the Commonwealth of Pennsylvania in 1971, and his law office is located at [ ].

54 D.B. 83

CHARGE I (re [B])

2. On or about April 12, 1978, while employed as a staff attorney by [A] Legal Services, respondent was assigned to represent [B] (hereinafter, [B]) in an action against [B]’s former landlords, [C].

3. On or about June 1, 1978, respondent filed suit against [C], on behalf of [B], with [ ] County District Justice [D],

4. After a hearing on or about June 14, 1978, District Justice [D] decided in favor of [B] and awarded them $313.

5. After [C] timely appealed District Justice [D]’s decision to the [ ] County Court of Common Pleas, on or about July 14, 1978, respondent filed a complaint in assumpsit and replevin against [C] with said court at number [ ] and the complaint was duly served upon [C]’s attorney, [E],

6. After the pleading stage was completed, on or about February 2, 1979 a panel of arbitrators was appointed to hear and decide [B]’s suit.

7. An arbitration hearing was scheduled for June 13, 1979.

8. On or about June 12, 1979, respondent telephoned Attorney [E] and misrepresented to him [609]*609the arbitration hearing had to be continued because Mrs. [B]’s grandfather was ill.

9. Thereafter, the arbitration hearing was continued and respondent failed to take any action to have the hearing rescheduled.

10. Between June 13, 1979 and sometime in the fall of 1979, respondent misrepresented to [B] on numerous occasions that an arbitration hearing had been scheduled and postponed, when in fact no such hearing had been scheduled.

11. In January, 1980, respondent mailed [B] a document he had drafted and placed in a blue binding.

(a) The document was a purported agreement between [B] and [C], whereby [C] agreed to pay [B] $313 in settlement of their suit.

(b) In fact, [C] never agreed to pay [B] any money in settlement of their suit.

(c) In fact, respondent never engaged in settlement negotiations with either [C] or their counsel.

12. In a cover letter enclosed with the document, respondent misrepresented to [B] that:

(a) He had negotiated a settlement with [C],

(b) [B] needed only to sign the document to finalize the settlement.

(c) Once they signed the document and mailed it to respondent, [B] would receive $313 from [C] within 30 days.

13. Shortly thereafter, [B] signed the document and mailed it to respondent.

14. When [B] did not receive the $313 within 30 days, Mr. [B] telephoned respondent in about early March, 1980. At that time, respondent misrepresented to Mr. [B] that:

[610]*610“(a) Because Mrs. [C] had not abided by the settlement agreement, he would file a judgment against her.
(b)After he filed the judgment, he would then execute on the judgment to obtain the $313.”

15. Shortly thereafter, respondent misrepresented to Mr. [B] that:

“(a) He had filed a judgment against Mrs. [C].
(b) He had given Mrs. [C] additional time to obtain the $313.”
16. Subsequently, in March 1980:
“(a) Respondent told [B] that a sheriffs sale was scheduled for early April, 1980, which was false, as no such sale was ever scheduled.
(b) When Mr. [B] told respondent that he wanted to attend the sheriffs sale, respondent told him he should not attend because he feared that there would be a physical confrontation between Mr. [B] and Mrs. [C],
(c) Mr. [B] then agreed not to attend the sheriffs sale.
(d) Respondent misrepresented to [B] that he would attend the said sheriffs sale and then report to [B].”

17. When Mrs. [B] telephoned respondent in about the middle of April, 1980, respondent misrepresented to her that Mrs. [C] had taken action to have the sheriffs sale postponed until the end of April, 1980.

18. During the first week of May, 1980, respondent telephoned Mrs. [B] and misrepresented to her that:

“(a) The property owned by [C] was sold at a sheriffs sale for about $1,000.
(b) He would forward the money owed to [B] in the near future.

[611]*61119.

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Bluebook (online)
34 Pa. D. & C.3d 606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-no-54-db-83-59-db-83-pa-1985.