In re Anonymous Nos. 75 D.B. 94 & 7 D.B. 95

34 Pa. D. & C.4th 32, 1996 Pa. LEXIS 2656
CourtSupreme Court of Pennsylvania
DecidedMarch 22, 1996
DocketDisciplinary Board Docket nos. 75 D.B. 94 and 7 D.B. 95
StatusPublished
Cited by1 cases

This text of 34 Pa. D. & C.4th 32 (In re Anonymous Nos. 75 D.B. 94 & 7 D.B. 95) 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 Nos. 75 D.B. 94 & 7 D.B. 95, 34 Pa. D. & C.4th 32, 1996 Pa. LEXIS 2656 (Pa. 1996).

Opinion

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

McGIVERN,

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.

[34]*34I. HISTORY OF PROCEEDINGS

The Pennsylvania Supreme Court issued an order on August 10,1994, suspending respondent, [ ], from the practice of law pursuant to Rule 214(d)(1), Pa. R.D.E. This order was issued on the basis of respondent’s December 28, 1993 conviction in the [ ] County Court of Common Pleas for writing bad checks in violation of 18 Pa.C.S. §4105(a)(l). Respondent was sentenced to pay restitution and costs.

. On August 31, 1994, Office of Disciplinary Counsel filed a petition for discipline against respondent on the basis of her conviction. A second petition for discipline was filed against respondent on January 27, 1995. Petitioner filed a motion to consolidate the petitions on February 21, 1995, as the allegations of misconduct arose from a continuation of the same facts. The Disciplinary Board granted this motion on March 23,1995. Respondent did not file an answer.

A hearing on this matter was held on May 31, 1995, before Hearing Committee [ ] comprised of Chairperson [ ], Esquire, and Members [ ], Esquire, and [ ], Esquire. Respondent did not appear for the hearing nor did she have representation. Office of Disciplinary Counsel was represented by [ ], Esquire. The committee filed its report on November 14, 1995 and recommended disbarment. No briefs on exceptions were filed by either party.

This matter was adjudicated by the Disciplinary Board at the meeting of February 1, 1996.

II. FINDINGS OF FACT

(1) Petitioner, whose principal office is located at Suite 3710, One Oxford Centre, Pittsburgh, Pennsylvania, is invested, pursuant to Rule 207 of the Penn[35]*35sylvania 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.

(2) Respondent, [ ], is an attorney admitted to practice law in the Commonwealth of Pennsylvania, having been admitted'to practice on or about December 10, 1986. Respondent formerly maintained an office in [ ], Pennsylvania. Her current registration address, as of March 4, 1994, is [ ].

(3) The respondent did not appear, nor was she represented, at the hearing scheduled in this matter on May 31, 1995, despite adequate attempts to notify her of the scheduled hearing through her registered address. (See exhibit P-1, affidavit of [A], hearing planner for the Disciplinary Board, and exhibit P-2, affidavit of Detective [B] of the [ ] Police Department.)

(4) Respondent received a criminal conviction on the charge of writing bad checks. Thereafter, the instant petition for discipline (no. 75 D.B. 94) was filed regarding the criminal conviction.

(5) The Supreme Court of Pennsylvania entered an order dated August 10, 1994, ordering that the respondent be suspended from the practice of law unless she comply with Rule 217 of the Rules of Disciplinary Enforcement. (See exhibit P-3, order of the Supreme Court.)

(6) A warrant for the arrest of the respondent was issued on the charge of writing bad checks. (See exhibit P-4.)

(7) Respondent’s bail bond and release were issued on December 10, 1993. (See exhibit P-5.)

[36]*36(8) Respondent pled guilty to the charge of writing bad checks on December 28, 1993. (See exhibit P-6, respondent’s guilty plea.)

(9) Respondent was convicted on the charge of writing bad checks by the Commonwealth of Pennsylvania on December 28, 1993. (See exhibit P-7, transcript of docket of Commonwealth v. [Respondent].)

(10) In Commonwealth v. [Respondent], the respondent was ordered to pay $1,106.48 in restitution and costs by February 10, 1994, as part of her sentence. (See exhibit P-8, time payment order from Commonwealth v. [Respondent].)

(11) A warrant for respondent’s arrest was issued by the district justice for the respondent’s failure to comply with the court’s December 28, 1993 order and failure to pay restitution as required by that order. (See exhibit P-9.)

(12) On February 10, 1994, a criminal complaint and warrant for the arrest of the respondent was issued on charges of theft by unlawful talcing or disposition and receiving stolen property. (See exhibit P-10.)

(13) The second petition for discipline (no. 7 D.B. 95) was filed regarding various allegations of professional misconduct on the part of the respondent.

(14) Charge 1 of the second petition for discipline alleged that [C] had retained the respondent to represent him in a criminal matter and paid the respondent the requested advance fee. The respondent abandoned representation of [C] and failed to provide him with his file and an accounting or refund of the unearned portion of the advance fee he had paid. The respondent failed to expedite [C’s] litigation by not appearing at a sentencing hearing on his behalf and failed to communicate with [C], (See exhibit P-11, affidavit of [C].)

[37]*37(15) Charge 2 of the second petition for discipline alleges that [D] had retained the respondent on behalf of [E], [D] paid the respondent an advance fee on behalf of [E]. When the respondent was arrested and incarcerated, [D] paid the respondent’s bail in order to get her out of jail so that she could continue the representation of [E]. The respondent failed to appear or represent [E], and upon abandoning her representation of him, failed to return his file to him, failed to account for or refund the unearned portion of the advance fee, and failed to expedite the litigation. (See exhibit P-12, affidavit of [D], dated April 29, 1995.)

(16) A rule to show cause was issued by Judge [F] of the [ ] County Court of Common Pleas, requiring the respondent to show cause why she should not be held in contempt for failure to appear on behalf of [E] at the call of the list. (See exhibit P-13.)

(17) On February 3, 1994, a rule to show cause was issued by Judge [G] of the [ ] County Court of Common Pleas, requiring the respondent to show cause why she should not be held in contempt for failure to appear at a pretrial motion hearing on behalf of [E]. (See exhibit P-14.)

(18) On March 1, 1994, Judge [F] entered an order finding the respondent in contempt and ordering that she pay a fine of $500 plus costs. (See exhibit P-15, docket for contempt citation for case [ ], exhibit P-16, Judge [F’s] March 1, 1994 order, and exhibit P-17, docket for contempt citation for case [ ].)

(19) Charge 3 of the second petition for discipline alleges that [H] retained the respondent to represent her in a criminal matter and paid her the requested advance fee. The respondent failed to appear or represent [H] and upon abandoning her representation of her, failed to return her file, failed to account for or refund [38]*38the unearned portion of the advance fee, and failed to expedite the litigation.

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Bluebook (online)
34 Pa. D. & C.4th 32, 1996 Pa. LEXIS 2656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-nos-75-db-94-7-db-95-pa-1996.