In re Patete Petition for Reinstatement

10 Pa. D. & C.5th 415
CourtSupreme Court of Pennsylvania
DecidedOctober 21, 2009
DocketDisciplinary Board Docket no. 99 D.B. 2001
StatusPublished

This text of 10 Pa. D. & C.5th 415 (In re Patete Petition for Reinstatement) 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.

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In re Patete Petition for Reinstatement, 10 Pa. D. & C.5th 415 (Pa. 2009).

Opinion

NASATIR,

Member,

Pursuant to Rule 218(c)(5) of the Pennsylvania Rules of Disciplinary Enforcement, the Disciplinary Board of the Supreme [417]*417Court of Pennsylvania submits its findings and recommendations to your honorable court with respect to the above captioned petition for reinstatement.

I. HISTORY OF PROCEEDINGS

By order of the Supreme Court of Pennsylvania dated February 8, 2002, Anthony Richard Patete Jr. was disbarred on consent from the practice of law. Mr. Patete filed a petition for reinstatement on May 19,2008. Office of Disciplinary Counsel filed a response to petition for reinstatement on August 4,2008 and stated its concerns about certain issues.

A reinstatement hearing was held on October 31,2008 and December 19, 2008, before a District II Hearing Committee comprised of Chair Cathy A. Wilson, Esquire, and Members Ethan N. Halberstadt, Esquire,1 and John P. Elliott, Esquire. Petitioner appeared pro se. In addition to his own testimony, petitioner offered the testimony of six witnesses. Office of Disciplinary Counsel offered four witnesses.

Following the submission of briefs by the parties, the Hearing Committee filed a report on May 8, 2009 and recommended that the petition for reinstatement be denied.

Petitioner filed a brief on exceptions on May 29,2009 and requested oral argument before the Disciplinary Board.

[418]*418Office of Disciplinary Counsel filed a brief opposing exceptions on June 15, 2009.

Oral argument was held before a three-member panel of the Disciplinary Board on July 1, 2009.

This matter was adjudicated by the Disciplinary Board on July 18, 2009.

II. FINDINGS OF FACT

The board makes the following findings of fact:

(1) Petitioner is Anthony Richard Patete Jr. He was born in 1961 and was admitted to the practice of law in Pennsylvania in 1986. He currently resides in Florida. Petitioner is subject to the jurisdiction of the Disciplinary Board of the Supreme Court of Pennsylvania.

(2) On February 8, 2002, petitioner was disbarred on consent by order of the Supreme Court of Pennsylvania.

(3) The basis for petitioner’s disbarment was his misuse, misappropriation, commingling and conversion of funds in excess of $40,000 from the estate of Julia Mascantonio; misuse, misappropriation, commingling and conversion in excess of $133,000 from the estate ofMaiy Dunlap; and his violation of a Supreme Court order by concealing evidence of his conversions in the Dunlap estate when he failed to reveal the existence of the estate account in response to a validly issued subpoena.

(4) Subsequent to petitioner’s disbarment, in the summer of 2002 he and his family relocated to Florida.

(5) For approximately two years after the move, petitioner stated in his reinstatement questionnaire and in his [419]*419testimony at the hearing that he was unemployed and a stay-at-home father for his two minor sons.

(6) Petitioner’s tax returns reveal that for each and every year that he has resided in Florida, he has earned income as a “legal consultant.”

(7) From 2004 until the time of the hearing, petitioner has been employed as a faculty member at Keiser University in Sarasota, Florida. Petitioner teaches paralegal studies, including ethics.

(8) Petitioner has not divulged his disbarred status to Keiser University, as he claims he was never asked.

(9) No witnesses associated with Keiser University, other than petitioner, testified at the reinstatement hearing.

(10) Petitioner had filed a petition for reinstatement prior to the instant petition, but withdrew it because he learned that the Pennsylvania Lawyers Fund for Client Security had awarded a claimant, Charles Doyle, the sum of $25,000, and petitioner was not eligible for reinstatement until the fund received reimbursement for the award.

(11) Petitioner requested a reconsideration of the award, and after a hearing held on January 25,2008, the board for the fund reduced petitioner’s obligation from $25,000 to $10,000, although the board did not reduce Mr. Doyle’s award.

(12) On or around April 24, 2008, petitioner repaid the fund $11,997.26 representing payment of the claim plus interest.

[420]*420(] 3) Charles Doyle, the fund claimant, appeared at the reinstatement hearing and testified concerning petitioner’s representation.

(14) In May of 2001, Mr. Doyle retained respondent to represent his son, Michael Doyle, in connection with criminal charges pending against Michael in Delaware County, Pennsylvania.

(15) Mr. Doyle initially paid petitioner $4,500 in May 2001 to cover the costs of Michael’s preliminary hearing and bail hearing.

(16) Petitioner sent Mr. Doyle a letter dated July 20, 2001 regarding his fees.

(3.7) An emergency temporary license suspension was entered against petitioner on July 19,2001, the day before petitioner provided Mr. Doyle with the fee agreement. The suspension was not lifted until August 21, 2001.

(18) Petitioner did not inform Mr. Doyle of the temporary suspension.

(19) Mr. Doyle would not have paid petitioner to take his son’s case had he known of the temporary suspension.

(20) Petitioner signed a resignation statement from the bar of Pennsylvania on January 15, 2002.

(21) By letter dated January 16,2002, the day after he signed his resignation statement, petitioner sent Mr. Doyle another fee agreement for the purpose of representing Michael in connection with a New Jersey criminal matter.

(22) Petitioner was not licensed to practice law in New Jersey at the time he provided Mr. Doyle with the fee [421]*421agreement and Mr. Doyle understood that New Jersey counsel would need to be engaged. Nonetheless,. Mr. Doyle paid petitioner for the representation with the understanding that fee monies would be paid to the New Jersey lawyer.

(23) Mr. Doyle identified two cancelled checks, one dated January 29, 2002 for $2,500 and a second dated March 2, 2002 for $2,500 that he paid directly to petitioner for the New Jersey matter.

(24) Petitioner accepted a fee from Mr. Doyle nearly one month after the Supreme Court entered its order providing for petitioner’s disbarment.

(25) Petitioner failed to inform Mr. Doyle in writing of his disbarment.

(26) Petitioner failed to inform Mr. Doyle in writing that he could no longer represent Michael in his criminal matter in Pennsylvania, which was still pending and had yet to go to trial as of the date petitioner was disbarred.

(27) In June 2002, Mr. Doyle learned for the first time from Robert Meingossner, Esquire, that petitioner had been disbarred and could no longer represent Michael. Mr. Meingossner is the attorney who had handled Michael Doyle’s New Jersey matter and agreed to temporarily handle the Pennsylvania matter.

(28) Mr. Meingossner testified at the reinstatement hearing.

(29) In the summer of2001, Mr. Meingossner became a tenant in petitioner’s Erdenheim office, after petitioner offered to rent him space, telling Mr.

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