In re Anonymous Nos. 86 D.B. 89 & 2 D.B. 90

17 Pa. D. & C.4th 477, 1992 Pa. LEXIS 599
CourtSupreme Court of Pennsylvania
DecidedJune 30, 1992
DocketDisciplinary Board Docket Nos. 86 D.B. 89 and 2 D.B. 90
StatusPublished

This text of 17 Pa. D. & C.4th 477 (In re Anonymous Nos. 86 D.B. 89 & 2 D.B. 90) 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. 86 D.B. 89 & 2 D.B. 90, 17 Pa. D. & C.4th 477, 1992 Pa. LEXIS 599 (Pa. 1992).

Opinion

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

HILL, Member,

Pursuant to Rule 208(dX2)(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 petitions for discipline.

[478]*478HISTORY OF PROCEEDINGS

Respondent, [ ], was bom in 1947 and admitted to the practice of law in the Commonwealth of Pennsylvania in 1973. His office is located at [ ].

Office of Disciplinary Counsel filed two separate petitions for discipline against respondent as follows: No. 86 D.B. 89 ([A] matter), filed August 29,1989, and No. 2 D.B. 90 (Charge I, [B] matter, and Charge n, [C]/[D] matter), filed January 8, 1990. In summary, Office of Disciplinary Counsel charged respondent with the following misconduct: Neglecting a legal matter entrusted; failing to seek the lawful objectives of his client; failing to carry out a contract of employment entered into with his client; failing to act with reasonable diligence and promptness in representing his client; failing to keep his client informed about the status of a matter; failing to explain a legal matter to the extent necessary to permit his client to make an informed decision; failing to promptly deliver to his client the property that his client is entitled to receive; and engaging in conduct involving misrepresentation. Respondent filed an answer to the two petitions for discipline on September 27,1989, and February 7, 1990.

On February 12, 1990, the matters were consolidated for hearing and referred to Hearing Committee [ ] comprised of [ ]. A hearing was held on April 11, 1990. On August 8,1990, the board granted the Hearing Committee’s request for a 30-day extension in which to file its report. On September 10, 1990, the Hearing Committee filed its report, in which the committee recommended public censure. Neither petitioner nor respondent filed exceptions to the Hearing Committee report. Thereafter, the matter was adjudicated by the Disciplinary Board at its regularly scheduled meeting on November 2,1990.

[479]*479FINDINGS OF FACT

The board adopts the following findings of fact as stipulated by counsel:

A. No. 86 D.B. 89, [A] Matter

On October 27, 1984, [A], the 7-year-old, minor son of [E] and [F], sustained injuries when he was struck by an automobile in [ ] County. In 1984, [E] and [F] retained [G], Esquire, to pursue all claims arising from the accident on behalf of their son. With the consent of [E and F], the case was turned over to respondent in 1985. Thereafter, on October 24, 1986, respondent initiated a timely action on behalf of his clients, by filing a praecipe and issuing a summons on the defendants, [¶] and p].

On March 18,1987, [J], Esquire, entered his appearance on behalf of the defendants, along with a demand for a trial by jury. Attorney [J] also caused a rule to file a complaint to be issued on the plaintiff; the same being personally served on respondent in April of 1987. Thereafter, attorney [J] communicated with respondent on numerous occasions in regard to the filing of the complaint. By letters dated May 7, June 18, August 3, August 21 and August 27,1987, attorney [J] continuously requested that respondent file a complaint. Having received no reply from respondent, on September 1, 1987, attorney [J] caused a judgment of non pros to be entered against the plaintiffs. Respondent failed to inform his clients of this judgment.

From October of 1986 until August of 1988, [F] telephoned respondent at least once a month. On each occasion, [F] inquired as to the status of the matter and requested that respondent return her call. Respondent failed to do so. In September of 1988 and on several occasions thereafter, [F] went to respondent’s office in [480]*480an attempt to secure her file, but was unsuccessful. [F] then retained new counsel, [K], Esquire. By letters dated September 30, October 25, and November 23, 1988, attorney [K] advised respondent of her appointment as new counsel and requested the return of the [A] file. In addition, attorney [K] telephoned respondent’s office on November 14 and December 1,1988, in an attempt to secure the [A] file. By certified letter dated March 1, 1989, [F] specifically requested that respondent return her file. Neither attorney [K] nor [F] had received the file from respondent or any type of response.

B. No. 2 D.B. 90, Charge I, [B] Matter

On September 1,1988, respondent was retained to represent [B] in a no fault-divorce matter. As agreed, [B] paid respondent a fee in the amount of $175. On September 9, 1988, respondent filed a complaint in divorce on behalf of his client and had the complaint served on the defendant-husband. As requested by respondent, [B] delivered to respondent’s office two affidavits of consent; one executed by her husband and another in which [B] affixed her own signature.

Thereafter, respondent failed to file an affidavit of service and failed to file the defendant’s affidavit of consent within 30 days of its execution, in accordance with Pa.R.C.P. 1920.42(b)(2). Despite his inactivity, respondent assured [B] that her divorce matter was “moving along.” By letter dated May 19, 1989, [B] requested that respondent provide her with the docket number of her divorce matter so that she may “go to the court house [hjerself.” Respondent failed to reply. In June of 1989, [B] telephoned respondent and questioned him in regard to the status of her divorce. During this conversation, respondent advised [B] that the divorce would be settled within a few weeks. Respondent failed to advise [B] that new consent forms would have to be executed in [481]*481order to finalize the divorce. Thereafter, [B] telephoned the courthouse and discovered that respondent had failed to file the affidavits of consent and that the docket contained no record of the complaint having been served upon her husband.

By letter dated July 8,1989, [B] instructed respondent to withdraw his appearance in her divorce action, forward her file to [L], Esquire, and return to her $100 of the fee. Respondent failed to reply. On July 20, 1989, respondent received a letter from the Office of Disciplinary Counsel which outlined the foregoing allegations. On approximately July23,1989, [B] received from respondent a check in the amount of $100. On July 27,1989, attorney [L] received from respondent [B’s] file.

C. No. 2 D.B. 90, Charge II, [C]/[D] Matter

[C] was an officer with the Pennsylvania State Police in the [ ] area, when, in the early 1980s, he became the subject of various federal and state criminal charges. [C] was convicted of felonies in two separate federal cases tried in [ ] and [ ], convicted of burglary in [ ] ([ ] County), and convicted of armed robbery in [ ] County in 1986. [M], Esquire, represented [C] during his trial in [ ] County. Following [C’s] conviction in June of 1986, attorney [M] requested permission to withdraw as counsel, but the trial court ordered [M] to continue representing [C] throughout the appellate stage. At [C’s] sentencing hearing on September5,1986, attorney [M] requested the trial court to reconsider his request to withdraw as counsel, which was" denied.

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Related

Office of Disciplinary Counsel v. Grigsby
425 A.2d 730 (Supreme Court of Pennsylvania, 1981)
Office of Disciplinary Counsel v. Braun
553 A.2d 894 (Supreme Court of Pennsylvania, 1989)
State v. Hendrickson
533 A.2d 894 (Connecticut Appellate Court, 1987)

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Bluebook (online)
17 Pa. D. & C.4th 477, 1992 Pa. LEXIS 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-nos-86-db-89-2-db-90-pa-1992.