In re Anonymous No. 77 D.B. 93

34 Pa. D. & C.4th 214
CourtSupreme Court of Pennsylvania
DecidedFebruary 21, 1996
DocketDisciplinary Board Docket no. 77 D.B. 93
StatusPublished

This text of 34 Pa. D. & C.4th 214 (In re Anonymous No. 77 D.B. 93) 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. 77 D.B. 93, 34 Pa. D. & C.4th 214 (Pa. 1996).

Opinion

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

SALTZ,

Member,

— Pursuant to Rule 208(d) (2) (iii) of the Pennsylvania Rules of Disciplinary Enforcement, the Disciplinary Board of the Supreme Court of Pennsylvania herewith submits its findings and recommendations to your honorable court with respect to the above-captioned petition for discipline.

I. HISTORY OF PROCEEDINGS

A petition for discipline was filed against respondent on September 10, 1993. The petition alleged that respondent engaged in professional misconduct in violation of specified Rules of Professional Conduct and Disciplinary Rules arising from his action in three separate cases. Petitioner also alleged that respondent violated Rules of Professional Conduct by engaging in [216]*216a pattern of financial misdealings. Respondent did not file an answer within the prescribed time.

This matter was referred to Hearing Committee [ ] comprised of Chairperson [ ], Esquire, and members [ ], Esquire and [ ], Esquire. A pre-hearing conference was held on June 7, 1994 at which a stipulation was entered regarding the facts of this matter. A hearing was held on June 9, 1994. Respondent was represented by [ ], Esquire. Petitioner was represented by [ ], Esquire. The committee issued its report on April 6, 1995 and recommended a four-month suspension and a public reprimand at the end of the suspension. Petitioner filed a brief on exceptions on April 25, 1995 to which respondent filed a brief opposing exceptions on June 12, 1995. Petitioner filed a motion to strike respondent’s brief due to the untimeliness of the filing. The Disciplinary Board issued an order on July 19, 1995 accepting the motion as part of the record.

This matter was adjudicated by the Disciplinary Board at the meeting of August 17, 1995.

II. FINDINGS OF FACT

The board adopts the following findings of fact as stipulated to by petitioner and respondent:

(1) Petitioner, whose principal office is located at Suite 3710, One Oxford Centre, Pittsburgh, Pennsylvania, is invested, pursuant to Rule 207 of the Pennsylvania Rules of Disciplinary Enforcement, with the power and the duty to investigate all 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.

[217]*217(2) Respondent, [ ], was bom on November 11, 1952, and was admitted to practice law in the Commonwealth of Pennsylvania on or about November 16, 1979. His office is located at [ ]. Respondent is subj ect to the disciplinary jurisdiction of the Disciplinary Board of the Supreme Court.

Charge I: The [A] Matter

(3) In June 1985, respondent was retained by [ ] and [ ] [A] to assume representation of their son [B] in a personal injury suit which had been filed in July 1979, in the [ ] Court of Common Pleas, against [C] and [D], arising from an accident which took place in September 1977, at which time [B] was a minor. (Ex. P-3.)

(4) At that time, respondent maintained an office at [ ].

(5) The [A] had initially retained [E], Esquire, to represent [B] and themselves in the case.

(a) Prior to respondent’s retention, [E] had conducted some discovery and filed a certificate of readiness for a jury trial. (Ex. P-3.)

(b) In June 1985, respondent and the [A] notified [E] of respondent’s representation of the [A] and requested the file.

(c) Thereafter, respondent and [E] corresponded concerning transfer of the file, culminating in a letter from [E’s] office dated August 13, 1985 (Ex. P-4) and a letter from respondent dated August 20,1985. (Ex. P-5.)

(6) In December 1985, after a favorable jury verdict, respondent entered into a settlement with defendants for $60,000.

(7) On January 17, 1986, the defendants, insurance company, [F], issued a settlement check in the amount [218]*218of $60,000, payable to respondent and the [A], which respondent deposited into his escrow account. (Exs. P-6, P-7.)

(8)Respondent drafted a handwritten document captioned “[B] Distribution” (Ex. P-8), wherein he listed receipts and distributions as follows:

SETTLEMENT $60,000.00 LESS LITIGATION COSTS:

[itemized [E] costs] $585.05

[itemized [Respondent] costs] 944.00 BALANCE - 1,529.05 $58,471.00 [sic]

LESS LEGAL FEE (15 percent) - 8,770.65

BALANCE $49,700.35

LESS LOAN TO CLIENT - 1,461.77

NET TO CLIENT $48,238.58

(9) Mrs. [A] signed the distribution schedule, which was left undated. (Ex. P-8.)

(10) On January 27, 1986, respondent drew checks on the escrow account and disbursed the proceeds of the [A] settlement as follows:

(a)check no. 216, in the amount of $8,770.65, payable to himself; (Ex. P-9)

(b)check no. 217, in the amount of $1,529, payable to himself, annotated for “costs”; (Ex. P-10) and

(c)check no. 218, in the amount of $48,232.58, payable to [A] and [B], annotated “full settlement.” (Ex. P-11.)

(11)Respondent did not reveal the fact of the settlement to [E].

(12)Respondent failed to distribute to [E] any portion of the $8,770.65 in January 1986.

[219]*219(13) On January 27,1986, Mrs. [A] negotiated check no. 218, at [G] Bank, at which time the back of the check was annotated “cash 401268 $10,719; deposit $37,513.58.” (Ex. P-11.)

(a) Mrs. [A] deposited $37,513.58 of the proceeds of check no. 218 into the [A’s] personal account and obtained cashier’s check no. 401268, in the amount of $10,719, payable to herself. (Ex. P-12.)

(b) Mrs. [A] then delivered [G] Bank cashier’s check no. 401268 to respondent, who used it for payment towards settlement of purchase of certain real estate. (Ex. P-12.)

(c) As a result of receiving the $10,719 cashier’s check, respondent received a total of $19,489.65 from the [A], which is equal to one-third of the net recovery in the [A] case, after deduction of the $1,529.05 in costs paid to respondent.

(14) Respondent did not distribute to [E] any portion of the additional funds received.

(15) On January 30, 1986, respondent utilized the $10,719 cashier’s check as part payment in closing of his purchase of real property located at [ ], by signing his name on the back of the check below the endorsement “pay to the order of [H] Title Insurance Company.” (Exs. P-12, P-13.)

(16) In or about July 1986, respondent moved his law office to the [ ].

(17) In November 1986, [E] learned that the case had been settled, after which:

(a) He wrote to and telephoned respondent inquiring as to when he could expect payment of his fee. (Ex. P-14.)

(b) [E] wrote a letter dated March 31, 1987, sent by certified mail and received by respondent on April [220]*2201, 1987 (Exs.'P-15, P-15A), advising of his knowledge that the case had been settled, requesting financial documentation, and demanding payment of his fee.

(c) Respondent sent to [E] his escrow account check no.

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34 Pa. D. & C.4th 214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-no-77-db-93-pa-1996.