In Re Reed

584 A.2d 1207, 1990 Del. LEXIS 393
CourtSupreme Court of Delaware
DecidedDecember 18, 1990
StatusPublished
Cited by7 cases

This text of 584 A.2d 1207 (In Re Reed) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Reed, 584 A.2d 1207, 1990 Del. LEXIS 393 (Del. 1990).

Opinion

PER CURIAM:

On May 4, 1981, the Delaware Supreme Court ordered that the name of the petitioner, Paul R. Reed, be “stricken from the roll of attorneys” because of his history of various violations of the Code of Professional Responsibility. See Matter of Reed, Del.Supr., 429 A.2d 987 (1981). Petitioner has filed an application to be reinstated as an attorney under Rule 23 of the Rules of the Board on Professional Responsibility. A panel of the Board on Professional Responsibility (“Board”) conducted a hearing on the matter as required by the provisions of Rule 23. The Board recommends that the application be denied at this time because the petitioner failed to adduce clear and convincing evidence of rehabilitation, fitness to practice, and competence. After consideration of the report of the Board, a transcript of the hearing before the Board, and oral argument, we agree with the findings and recommendation of the Board and deny the application for reinstatement.

The Board made the following findings of fact in connection with the application before the Court:

1. Paul R. Reed (hereafter “Reed”) was admitted to the Bar of the Supreme Court of Delaware on November 26, 1956.
2. For approximately 22 years, Reed practiced in Sussex County, Delaware.
3. As reported in three opinions of the Delaware Supreme Court, Matter of Reed, Del.Supr., 369 A.2d 686 (1977); In re Reed, Del.Supr., 394 A.2d 221 (1978); and Matter of Reed, Del.Supr., 429 A.2d 987 (1981), Reed’s disciplinary record is as follows:
• Case No. 297 (Dec. 3, 1973): private censure
• Case No. 441 (Dec. 30, 1975): private censure
369 A.2d 686 (Jan. 18, 1977): public censure and $5,000 fine for failure to maintain clients’ funds in real estate escrow accounts.
394 A.2d 221 (Nov. 1, 1978): six-month suspension for issuing two title insurance policies without making exceptions for existing mortgage liens.
*1208 429 A.2d 987 (May 4, 1981): authorization to practice law revoked based on Reed’s prior disciplinary record, his additional serious breaches concerning two clients relating to his failures to properly represent his clients, to keep adequate financial records and to properly account for and administer trust funds in his custody, and his letter of unqualified resignation from the Bar. As to one of the matters which contributed to the revocation of Reed’s authority to practice, Reed pleaded nolo contendere to theft, a misdemeanor.
4. As a layman, Reed has held a series of positions during the past ten years, primarily in real estate, teaching, school administration, and corrections. None of these positions has been in Delaware. During this period of the 1980s, Reed resided in Maryland, Pennsylvania and New Jersey, but not in Delaware.
5. During the past decade, as far as the record discloses, Reed has had no criminal convictions. The only witness at the hearing, apart from Reed himself, was the pastor of Reed’s church, who testified that he knew of nothing detrimental during this period concerning Reed’s morals.
6. If reinstated, Reed testified that he does not intend to practice on his own, but that he intended to apply for a position in the Attorney General’s office or Public Defender’s office, or in a firm practicing real estate and personal injury law. However, Reed seeks unconditional readmission to the Bar, without any limitation of his practice to particular areas of the law.
7. During the past ten years, Reed has taken courses in Maryland real estate law. During his employment with the Maryland Division of Corrections during the past three years, he has taught in the area of criminal law. In conjunction with his work at the Maryland Division of Corrections, Reed testified that he has read some Maryland and federal criminal law decisions, but he acknowledged that he has read no Delaware decisions. During the past ten years he has undertaken no other study and has received no instruction whatsoever in any of the major areas of law.

The panel went on to make the following conclusions of law:

8. Petitioner has failed to adduce clear and convincing evidence, as required by Rule 23(f), of rehabilitation, fitness to practice and competence, and that his resumption of the practice of law within Delaware will not be detrimental to the administration of justice.
9. Specifically as to rehabilitation, Petitioner's proof, including the testimony of himself and of just one other witness (his pastor), does not rise to the required level of clear and convincing evidence. ...
10. The Board concludes that Reed, by clear and convincing evidence and without further challenge by Disciplinary Counsel, has demonstrated compliance with all applicable discipline orders and rules, except in the areas of proof of rehabilitation {supra, 119) and competence {infra, 1111).
11. Reed has failed completely to meet his burden of demonstrating, by clear and convincing evidence, his present competence to resume the practice of law in Delaware, in view of his ten-year hiatus from the practice of law, during which Reed resided and worked out-of-state and engaged in no continuing legal education whatsoever relating to Delaware. Cf. Rule 4(A) of the Delaware Rules for Mandatory Continuing Legal Education; and see Rule 23(h) of the Rules of the Board on Professional Responsibility.

Based on the above-quoted findings of fact and conclusions of law the Board recommended that the petition be denied and Reed “not be considered for reinstatement in the future except on the condition of certification by the Board of Bar Examiners of his successful completion of the Delaware Bar examination and the Professional Conduct Examination.”

Our scope of review with regard to the Board’s factual findings is to determine whether the record contains substantial evi *1209 dence to support those findings. In the Matter of Edward A. Tos, II, Del.Supr., 576 A.2d 607 (1990). See also In re Green, Del.Supr., 464 A.2d 881, 887 (1983).

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Bluebook (online)
584 A.2d 1207, 1990 Del. LEXIS 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-reed-del-1990.