In re Anthony A. Senerchia

• Court: Supreme Court of Delaware
• Decided: June 25, 2024
• Docket: 217, 2024
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN RE ANTHONY A. SENERCHIA, § § No. 217, 2024 Respondent, § Rule 55.1 In-House Counsel. §

Submitted: June 10, 2024 Decided: June 25, 2024

Before TRAYNOR, LEGROW, and GRIFFITHS, Justices.

PER CURIAM: ORDER

After consideration of the petition for immediate suspension of the

respondent’s Delaware Certificate of Limited Practice and the responses, it

appears to the Court that:

(1) On May 28, 2024, the Office of Disciplinary Counsel (“ODC”)

filed a petition for immediate suspension of Anthony A. Senerchia’s Delaware

Certificate of Limited Practice under Supreme Court Rule 55.1 and issuance

of a Rule to Show Cause.

(2) Under Rule 55.1, “[a] lawyer admitted to the practice of law in a

jurisdiction other than this state, of the United States, may apply for a

Delaware Certificate of Limited Practice, which will allow the lawyer to

practice law as in-house counsel in this state.”1 An eligible lawyer “must be

1 Supr. Ct. R. 55.1(a). An attorney admitted as in-house counsel under Rule 55.1 may not, subject to limited exceptions, make court appearances or engage in activities requiring pro employed in the state as a lawyer working exclusively for a for-profit or a

non-profit corporation, association, or other organizational entity…the

business of which is lawful and is other than the practice of law or the

provision of legal services.”2

(3) To obtain a Delaware Certificate of Limited Practice, a lawyer

must submit an application certifying that he is employed exclusively by an

entity whose business is other than the practice of law or the provision of legal

services.3 An applicant must also submit an affidavit from an officer,

principal, or partner of his employer providing the address of the employer’s

principal place of business in Delaware, attesting that “the applicant is

employed as a lawyer to provide legal services exclusively to the Employer,”

and certifying that the employer’s business is other than the practice of law or

provision of legal services.4

(4) Rule 55.1 provides for automatic suspension of a lawyer’s

authority to practice law when: (i) his employment with the employer

providing the required affidavit is terminated, unless he applies for a

certificate of transfer; (ii) he fails to comply with any provision of Rule 55.1;

hac vice admission. Id. 2 Id. (emphasis added). 3 Id. R. 55.1(b); Form 1. 4 Supr. Ct. R. 55.1(b); Form 4.

2 or (iii) he is suspended or disbarred for disciplinary reasons in any jurisdiction

of the United States.5 An attorney whose authority to practice is suspended

under Rule 55.1(i)(2) or (i)(3) may be considered for reinstatement only in

accordance with Rule 22 of the Delaware Lawyers’ Rules of Disciplinary

Procedure.6

(5) Senerchia received a Delaware Certificate of Limited Practice in

2007. In its petition, ODC alleges that Senerchia is not eligible and may never

have been eligible for a Delaware Certificate of Limited Practice because he

is not employed in Delaware as a lawyer working exclusively for a company

whose business is other than the practice of law or the provision of legal

services. According to ODC, Senerchia has practiced law with a law firm in

Rhode Island for approximately 20 years.

(6) In his response to ODC’s petition, Senerchia agrees that he does

not presently qualify for a Delaware Certificate of Limited Practice and

represents that “[a]ny violation of Rule 55.1” by him “was an inadvertent

oversight” and “unintentional in nature.”7 He asks that this Court “allow him

to voluntarily surrender the Certificate and give up any right to ever seek

5 Id. R. 55.1(i). 6 Id. 7 Respondent Anthony A. Senerchia’s Response to the Petition for Immediate Suspension Pursuant to Rule 55.1 at 1-2.

3 reinstatement in Delaware in the future…to avoid further harsh penalties and

implications stemming from this oversight.”8 ODC does not object to

Senerchia’s voluntary surrender of his Delaware Certificate of Limited

Practice in lieu of automatic suspension and does not object to Senerchia

applying in the future for a Delaware Certificate of Limited Practice under

Rule 55.1.

(7) Having considered the parties’ positions, the Court concludes

that Senerchia does not satisfy the requirements for a Delaware Certificate of

Limited Practice under Rule 55.1. The Court accepts Senerchia’s voluntary

surrender of his Delaware Certificate of Limited Practice and pledge not to

seek reinstatement under Rule 55.1. Any references to Senerchia’s admission

to the Delaware Bar or practice in Delaware shall be removed from his law

firm website and any other websites or marketing materials within his control.

NOW, THEREFORE, IT IS ORDERED that Senerchia’s Delaware

Certificate of Limited Practice is SURRENDERED.

8 Id.