In re Lord

910 A.2d 1, 589 Pa. 543
CourtSupreme Court of Pennsylvania
DecidedJuly 31, 2006
DocketNos. 380 & 432, Disciplinary Docket No. 3—Supreme Court; Nos. 149 DB 1995 & 48 DB 1998—Disciplinary Board
StatusPublished
Cited by1 cases

This text of 910 A.2d 1 (In re Lord) 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 Lord, 910 A.2d 1, 589 Pa. 543 (Pa. 2006).

Opinion

ORDER

PER CURIAM.

AND NOW, this 31st day of July, 2006, upon consideration of the Report and Recommendations of the Disciplinary Board dated April 21, 2006, the Petition for Reinstatement is granted.

Pursuant to Rule 218(e), Pa.R.D.E., petitioner is directed to pay the expenses incurred by the Board in the investigation and processing of the Petition for Reinstatement.

REPORT AND RECOMMENDATIONS OF THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA

TO THE HONORABLE CHIEF JUSTICE AND JUSTICES OF THE SUPREME COURT OF PENNSYLVANIA:

Pursuant to Rule 218(c)(5) of the Pennsylvania Rules of Disciplinary Enforcement, The Disciplinary Board of the Supreme Court of Pennsylvania submits its findings and recommendations to your Honorable Court with respect to the above — captioned Petition for Reinstatement.

I. HISTORY OF PROCEEDINGS

On October 6, 2004, John Anthony Lord filed a Petition for Reinstatement to the bar of the Supreme Court of Pennsylvania. By Order of June 18, 1998, Petitioner was disbarred on consent. Previous to that order, Petitioner was suspended for one year and one day by Order of the Supreme Court dated December 30, 1997. Office of Disciplinary Counsel filed a Response to Petition for Reinstatement on January 31, 2005, stating its opposition to reinstatement due to insufficient time.

A reinstatement hearing was held on April 7, 2005, before a District I Hearing Committee comprised of Chair Harold M. Goldner, Esquire, and Members Heather Gallagher Tucker, Esquire, and Arthur S. [2]*2Novello, Esquire. Petitioner was represented by John Rogers Carroll, Esquire.

Following the submission of briefs by the parties, the Hearing Committee filed a Report on October 6, 2005, and a majority of the Committee recommended that the Petition for Reinstatement be denied. There was one dissent but no opinion was filed regarding the reasons for the dissent.

Petitioner filed a Brief on Exceptions and^ request for oral argument on October 31, 2005.

Office of Disciplinary Counsel filed a Brief Opposing Exceptions on November 21, 2005.

Oral argument was held on January 20, 2006, before a three member panel of the Disciplinary Board chaired by Marc S. Raspanti, Esquire, with Senior Board Member Louis N. Teti, Esquire, and lay Board member Robert L. Storey.

This matter was adjudicated by the Disciplinary Board at the meeting on February 1, 2006.

II. FINDINGS OF FACT

The Board makes the following findings of fact:

1. Petitioner is John Anthony Lord. He was born in 1946 and was admitted to practice law in Pennsylvania in 1972. His address is 105 Aberdeen Terrace, St. Davids PA 19087. His current business address is 1650 Market Street, 34th Floor, Philadelphia PA 19103.

2. During a period ending on June 30, 1992, Petitioner was a full partner in the law firm of White and Williams.

3. As a partner in the firm, Petitioner was responsible for maintaining records of the time he spent on client matters for billing purposes, submitting those records for preparation of Detailed Billing Records (DBRs), reviewing DBRs in matters in which he was lead counsel to make corrections and/or additions to be included in bills, and reviewing the bills which were prepared prior to their transmission to clients.

4. From January 1991 through May 1992, Petitioner engaged in a pattern of conduct whereby he caused expenses and fees for services to be charged to clients, which funds and time were not utilized for client benefit, resulting in overbillings, estimated at $18,338, and unsubstantiated billings of $30,477.

5. On various occasions, Petitioner purchased airline tickets, for which he billed the firm, which passed on the expense to clients, but which were used for Petitioner’s personal travel, for a total in excess of $9,000.

6. In June 1992, Petitioner reimbursed $9,165 to the law firm for the personal travel expenses. The law firm resolved any client related issues due to Mr. Lord’s conduct.

7. As a result of the discovery of these events, Petitioner was asked to leave the law firm, which he did effective June 30, 1992.

8. Following his resignation at White and Williams, Petitioner either shared office space with several attorneys or worked for attorneys. In 1995 or 1996, Petitioner was of counsel to a law firm in Philadelphia and was employed there until he was suspended by the Supreme Court.

9. Petitioner was suspended for a period of one year and one day by Order of the Supreme Court of Pennsylvania dated December 30, 1997, effective January 29, 1998.

10. After the effective date of his state court suspension, Petitioner failed to notify promptly all of his clients and opposing counsel of the fact of the suspension, filed with the Disciplinary Board a false certifi[3]*3cation of compliance with Rule 217, Pa. R.D.E., failed to file promptly substitution of his appearance and to make his files available to successor counsel, and continued to engage in the practice of law.

11. In the case of Petrolino v. Groff and Martin Storage Co. et. al, Petitioner did not withdraw as counsel, appeared for hearings in February and April 1998, failed to properly file a pleading, and in April 1998, misrepresented to the court that he was not the John Lord who was subject to the suspension order. He made misrepresentations to his law firm about the fact and circumstances of the court appearance.

12. In the Estates if Raymond F. Shoemaker, Incapacitated Person, and later Decedent and Howard F. Shoemaker, Incapacitated Person, in which Petitioner represented the guardian, Robert S. Rhode, Petitioner failed to timely file Status Reports, Inventory and Accounts as ordered by the court, failed to withdraw upon being suspended, failed to advise his clients and opposing counsel of his suspension, and continued to hold himself out as an attorney and file nonconforming Accounts through April 1998,

18.By letter dated May 8, 1998, Office of Disciplinary Counsel notified Petitioner of its concerns relating to the matters in 10 — 12, supra.

14. Petitioner was sued in legal malpractice by Mr. Rhode and the case settled in August 2000.

15. Petitioner was reciprocally suspended by the United States District Court for the Eastern District of Pennsylvania by Oi’der dated June 8,1998.

16. By Order dated June 18, 1998, the Supreme Court disbarred Petitioner on consent, based upon his voluntary resignation statement, in which he admitted that he was guilty of the allegations as set forth above.

17. During 1997 and 1998, after his suspension and disbarment, Petitioner drank alcohol continuously, in response to anxiety about supporting his family and his feelings of disgrace and shame over what had occurred.

18. Subsequent to his disbarment, Petitioner obtained employment with Dean Witter Reynolds as a broker. In October 1998, Petitioner executed a New York Stock Exchange Form U-4 in connection with his application for employment with Dean Witter Reynolds, Inc., in which he falsely denied that his license to practice law had ever been revoked or suspended.

19.

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