In re Anonymous No. 74 D.B. 81

27 Pa. D. & C.3d 481
CourtSupreme Court of Pennsylvania
DecidedNovember 16, 1983
DocketDisciplinary Board Docket no. 74 D.B. 81
StatusPublished

This text of 27 Pa. D. & C.3d 481 (In re Anonymous No. 74 D.B. 81) 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.

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In re Anonymous No. 74 D.B. 81, 27 Pa. D. & C.3d 481 (Pa. 1983).

Opinion

HAMMERMAN, Member,

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

[482]*482I. HISTORY OF PROCEEDINGS

The within petition for reinstatement was filed on November 10, 1982 on behalf of the above respondent after a period of suspension of one year from the order of the Pennsylvania Supreme Court dated December 17, 1981.

The matter was referred to hearing committee [ ], and upon notice duly made, a hearing was held on January 31, 1983 before [ ].

Thereafter, on August 3, 1983 the report of the hearing committee was filed recommending that reinstatement be granted. The brief on exceptions was filed by Disciplinary Counsel on September 6, 1983 with a request for oral argument. Respondent’s brief opposing the exceptions was filed by his counsel on September 22, 1983. Upon designation by the Chairman of the Disciplinary Board, the panel consisting of Mary Bell Hammerman, Esq., Chairperson, Robert C. Daniels, Esq., and James C. Schwartzman, Esq. heard oral argument on October 1-2, 1983 in [ ].

Upon the request of this panel, the Chairman of the Disciplinary Board issued an order on October 12, 1983 that hearing committee [ ] immediately reconvene for the purpose of taking testimony by character witnesses for the period from September 1979 to the present on behalf of respondent.

The hearing committee did so reconvene and a hearing was held on October 18, 1983. Based on such testimony, the Committee filed its supplemental report.

II. FINDINGS OF FACT

1. Respondent attorney is 47 years of age and has been in the practice of law since 1961 in the City, and County of [ ], Commonwealth of Pennsylvania.

[483]*4832. Respondent attorney was suspended from the practice of law for one year by order of the Supreme Court of Pennsylvania effective December 17, 1981.

3. Respondent attorney was disciplined for mis-' conduct involving soliciting clients through a paid office employee, filing false contingent fee agreements in the Court of Common Pleas of [ ] County and counseling clients and former clients to testify falsely before the judge assigned to the Special Judicial Investigation.

4. Respondent attorney complied in all respects with the order of suspension and has not engaged in the practice of law since he was suspended.

5. Respondent attorney has practiced law approximately 17 years and during his suspension has read the advance sheets on a weekly basis. Respondent has met his burden of maintaining his learning and competency in the law.

6. Respondent attorney accepted the findings of the Court of Common Pleas of [ ] County and the Supreme Court of Pennsylvania.

7. Respondent attorney, however, believes that he is innocent of the charges cited which resulted in his suspension.

8. Since the charges were filed, respondent attorney has made inquiry of prospective clients as to the manner jn which they were referred to him and where questionable, has refused representation.'

9. Respondent attorney, if reinstated, intends to return to personal injury practice but states that he will never hire a full-time investigator.

10. Respondent attorney has demonstrated that he has the moral qualifications necessary for his return' to the practice of law through his religious affiliation, familial involvement and the lack of any other charges against him except for two informal admonitions stemming from alleged neglect in the same estate in 1974 and 1978.

[484]*48411. Respondent attorney has suffered the anxiety of the instant charges for a period in excess of 11 years.

III. DISCUSSION

The three-member panel of this board, duly made its report and recommendation to the entire board, . following which this board, after an extensive and complete review of the entire record in this matter, including the report, findings and recommendátion of the hearing committee, hereby recommends that the instant petition for reinstatement be granted for the reasons set forth hereinafter.

In order for respondent to gain reinstatément to 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 to the administration of justice, nor subversive of the public interest. See Rule 218(c)(3)(i) of the Pennsylvania Rules of Disciplinary Enforcement.

A. Competency and Learning in the Law

The committee found, and the Office of Disciplinary Counsel does not challenge, that respondent has the requisite competency and learning in the law to qualify for reinstatement to the practice of law in the Commonwealth of Pennsylvania.

Accordingly, the committee concluded, and this board unanimously concurs, that respondent has proved, by clear and convincing evidence that he [485]*485possesses the competency and learning in the law required to practice law in the Commonwealth of Pennsylvania.

B. Moral Qualifications

The Office of Disciplinary Counsel does take issue with the moral qualifications of respondent, and contends that respondent has failed to satisfy that prerequisite to reinstatement to the practice of law in this Commonwealth. The hearing committee, however, rejected such contention of the Office of Disciplinary Counsel and finds that the facts in respondent’s case are clearly distinguishable from those in [In re Anonymous].

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