In re Anonymous No. 60 D.B. 91

33 Pa. D. & C.4th 553
CourtSupreme Court of Pennsylvania
DecidedFebruary 8, 1996
DocketNo. 2; Disciplinary Board Docket no. 60 D.B. 91
StatusPublished

This text of 33 Pa. D. & C.4th 553 (In re Anonymous No. 60 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. 60 D.B. 91, 33 Pa. D. & C.4th 553 (Pa. 1996).

Opinion

CARSON, Member,

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

I. HISTORY OF PROCEEDINGS

On November 3, 1993, petitioner, [ ], filed a petition for reinstatement. [Petitioner] was suspended for a period of 18 months pursuant to an order of the Supreme Court of Pennsylvania of July 1, 1993. This order made petitioner’s suspension retroactive to May 21, 1991, the date of his temporary suspension under Pa.R.D.E. 214(d)(1). This matter was referred to Hearing Committee [ ] comprised of Chairperson [ ], Esquire, and Members [ ], Esquire, and [ ], Esquire. The reinstatement hearings were held on June 2, 1994 and October 24, 1994. Petitioner was represented by [ ], Esquire. Office of Disciplinary Counsel was represented by [ ], Esquire.

On July 25, 1995 the committee filed its report and the majority recommended that the petition for reinstatement be granted. No briefs on exceptions were filed by either party. This matter was adjudicated by the Disciplinary Board at the meeting of October 6, 1995.

II. FINDINGS OF FACT

The board adopts the findings of fact made by the Hearing Committee.

(1) Petitioner, [ ], was born on August 31, 1957. He was admitted to practice law in Pennsylvania on [556]*556December 5, 1986. He is currently separated from his wife and has three children. Petitioner resides at [ ].

(2) On September 4, 1990 petitioner was convicted of criminal conspiracy and tampering with public records arising from his submission of fraudulent claims to the [A] Program, his employer at that time.

(3) Petitioner was sentenced to two years non-reporting probation and fined $1,000 plus costs.

(4) Petitioner was suspended from the practice of law for a period of 18 months by order of the Supreme Court of Pennsylvania on July 1, 1993. This order was made retroactive to May 21, 1991.

(5) Petitioner complied with all terms of the Supreme Court’s suspension order and all Rules of Disciplinary Enforcement. (Stipulations 7 and 8.)

(6) Petitioner held a number of jobs during his period of suspension. He worked as a social worker for [B] Nursing Home; a counselor at [C]; a temporary social worker at [D] Temporary Services; a social work consultant at [E]; a counselor at [F]; and a counselor at [G] Cemetery. Petitioner was never disciplined or discharged for improper conduct by any of these employers. (Petition for reinstatement.)

(7) Petitioner owned two beauty salons in [ ] during his suspension. Due to business losses, petitioner closed both salons. (Petition for reinstatement.)

(8) Petitioner filed income tax returns for the years 1992 and 1993. These returns were prepared with the assistance of his accountant, to whom petitioner provided all of his financial records and upon whom he relied completely. Petitioner amended his 1992 tax return to claim a refund due to his substantial business losses. Petitioner testified that he fully intended and intends to comply with applicable tax laws, and because [557]*557he has difficulty understanding the tax laws, he turned to accountants for help. (N.T. June 2, 1994, 68.)

(9) During the course of the reinstatement process, petitioner first became aware that several checks he had issued on his former [H] account to PBI had not been honored due to insufficient funds. (N.T. October 24, 1994, 32.)

(10) As soon as he learned of his debt to PBI, petitioner drove to [ ] and paid the outstanding debt to PBI in cash. (N.T. October 24, 1994, 32.)

(11) The suspension from practice has strained petitioner’s finances to the point where he has been unable to provide any regular or meaningful support for his three children, although he is not under a court order to do so. (N.T. June 2, 1994, 62.)

(12) Petitioner regularly spends time at [ ] Law School reviewing advance sheets and cases. (Petition for reinstatement.)

(13) Petitioner attended a three day basic practice course at [ ] University on August 3-6,1993. (Petition for reinstatement.)

(14) Petitioner attended seven PBI seminars in 1994. (Exhibit P-10.)

(15) If petitioner is reinstated he intends to pursue a criminal law practice. (Petition for reinstatement.)

(16) Four character witnesses testified on petitioner’s behalf, two of whom were attorneys. All of the witnesses were aware of petitioner’s conviction and discipline and nonetheless held him in high regard. The witnesses testified to petitioner’s good reputation among members of the bar and in the community. (N.T. June 2, 1994, 13-18; N.T. October 24, 1994, 5-16, 17-22, 63-68.)

[558]*558(17) Petitioner has not engaged in any criminal conduct during his suspension, nor has he engaged in the unauthorized practice of law.

(18) Petitioner has no prior record of discipline.

(19) Petitioner expressed his regret and remorse for his past actions and stated that he is looking forward to practicing law again and helping people. (N.T. June 2, 1994, 20, 49.)

III. CONCLUSIONS OF LAW

Petitioner has demonstrated, with clear and convincing evidence, that he possesses the moral qualifications, competency and learning in the law necessary to practice law in the Commonwealth of Pennsylvania.

Petitioner’s resumption of the practice of law will not be detrimental to the integrity of the bar nor subversive of the interests of the public.

IV. DISCUSSION

The principal objectives of the disciplinary system are to determine whether an attorney possesses the requisite fitness to practice law and to protect the public from unfit attorneys. Office of Disciplinary Counsel v. Keller, 509 Pa. 573, 506 A.2d 872 (1986). Pursuant to Rule 218 (a), Pa.R.D.E., an attorney who is suspended for a period exceeding one year may not resume practice until reinstated by order of the Pennsylvania Supreme Court. In order for petitioner to gain reinstatement to the practice of law in this Commonwealth after suspension, he has the burden of demonstrating by clear and convincing evidence that he possesses both the moral qualifications and the competency and learning in the law required for admission to practice law. In addition, petitioner has the burden of demonstrating [559]*559that 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. Rule 218(c)(3)(i), Pa.R.D.E.

In determining whether petitioner clearly demonstrated his present fitness to practice law, the board considered the nature of petitioner’s misconduct, his present competence and legal abilities, his character, his rehabilitation, and the degree of remorse expressed. Philadelphia News Inc. v. Disciplinary Board of the Supreme Court, 468 Pa. 382, 363 A.2d 779 (1976).

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Related

Matter of Costigan
664 A.2d 518 (Supreme Court of Pennsylvania, 1995)
Office of Disciplinary Counsel v. Keller
506 A.2d 872 (Supreme Court of Pennsylvania, 1986)
Philadelphia Newspapers, Inc. v. Disciplinary Board of Supreme Court
363 A.2d 779 (Supreme Court of Pennsylvania, 1976)

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33 Pa. D. & C.4th 553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-no-60-db-91-pa-1996.