In re Stapleton

76 Pa. D. & C.4th 435
CourtSupreme Court of Pennsylvania
DecidedApril 13, 2005
DocketDisciplinary Board Docket no. 47 D.B. 1993
StatusPublished

This text of 76 Pa. D. & C.4th 435 (In re Stapleton) 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 Stapleton, 76 Pa. D. & C.4th 435 (Pa. 2005).

Opinion

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

SHEERER, Member,

Pursuant to Rule 218(c)(5) of the Pennsylvania Rules of Disciplinary Enforcement, the Disciplinary Board of the Supreme Court [437]*437of Pennsylvania submits its findings and recommendations to your honorable court with respect to the above-captioned petition for reinstatement.

I. HISTORY OF PROCEEDINGS

Larrick B. Stapleton filed a petition for reinstatement to the bar of the Supreme Court of Pennsylvania on February 5, 2004. Petitioner was disbarred on consent by order of the Supreme Court of Pennsylvania dated July 1, 1993.

A reinstatement hearing was held on July 27, 2004, before Hearing Committee 1.16 comprised of Chair James D. Golkow, Esquire, and Members Theresa M. Italiano, Esquire and George D. DiPilato, Esquire. Petitioner was represented by William J. Honig, Esquire. Petitioner presented the testimony of 10 witnesses and testified on his own behalf.

The committee filed a report on January 21,2005, finding that petitioner met his burden of proof as to the requirements for reinstatement and recommending that the petition for reinstatement be granted.

This matter was adj udicated by the Disciplinary Board at the meeting of March 16,2005.

II. FINDINGS OF FACT

The board makes the following findings of fact:

(1) Petitioner is Larrick B. Stapleton. He was born in 1936 and was admitted to the practice of law in Pennsylvania in 1963. His address is 812 Wickfield Road, Wynnewood, PA 19096.

[438]*438(2) Petitioner was disbarred on consent by order of the Supreme Court of Pennsylvania dated July 1, 1993.

(3) In 1991 petitioner was named co-executor of the estate of Thomas J. Bushyager. Petitioner acted as both executor and estate attorney as the other co-executor was not actively involved.

(4) Petitioner set up an estate account and failed to properly deposit checks of approximately $335,000 in that account, instead depositing the checks into his personal account.

(5) Approximately $200,000 of the funds was distributed to the appropriate heirs by petitioner.

(6) At this time petitioner held a power of attorney for Mary Poole and handled her financial affairs.

(7) Petitioner converted funds from Mary Poole by drawing checks to himself or to cash.

(8) Petitioner removed more than $100,000 from the Poole account over a period of two years.

(9) During the time frame in question, petitioner’s secretary, Chantal St. Phard, embezzled approximately $400,000 from petitioner. This included amounts deposited by petitioner into his own accounts which were Bushyager estate funds.

(10) Ms. St. Phard was prosecuted, convicted and sentenced to a period of seven years of probation. Petitioner advised the police of her crimes even though he knew it would reveal his own crimes. Petitioner cooperated with police in the prosecution of his secretary.

(11) Petitioner admitted that his neglect and mismanagement allowed his secretary to act without proper supervision.

[439]*439(12) The total amount of loss was approximately $110,0001 for the Poole account and $160,000 for the Bushyager estate.

(13) The Bushyager estate was made whole by settlement through petitioner’s malpractice carrier.

(14) Criminal charges were brought against petitioner and he ultimately pleaded guilty on February 20, 1997, to one count of mail fraud and one count of interstate transportation of stolen securities.

(15) Petitioner was sentenced to 18 months incarceration and restitution of $10,000 to the Mary Poole estate and $10,000 to the Client Security Fund.

(16) Petitioner served approximately eight months at Fort Dix, where he performed volunteer work, including teaching English to fellow prisoners who were illiterate. Fie also taught courses in drug and alcohol addiction and helped organize and run Alcoholics Anonymous meetings for prisoners.

(17) Petitioner served the remaining portion of his sentence at the federal medical center in Rochester, Minnesota, where he had to undergo medical treatment.

(18) Petitioner was placed in a half way house in Philadelphia in 2000.

(19) Petitioner reimbursed the Pennsylvania Lawyers Fund for Client Security in full, with interest.

(20) All restitution, fines and costs were paid to the United States District Court for the Eastern District of Pennsylvania, as well as all other persons who suffered loss as a result of petitioner’s misconduct.

[440]*440(21) Petitioner successfully completed his probation in 2002.

(22) Petitioner admits that he took client funds without permission or justification.

(23) Petitioner is a recovering alcoholic, having been sober for the past 10 years.

(24) Dr. Richard Limoges testified at the hearing that petitioner has been sober for more than 10 years and that, after such long-term sustained remission, he would not likely suffer a relapse of active drinking.

(25) Subsequent to his release from prison, petitioner became involved with the Lawyers Concerned for Lawyers Sobriety Monitor program. Walter Bartholomew, Esquire, is his monitor.

(26) Subsequent to his release from prison, petitioner became a member of the Quakers and has been active in that group on drug concerns.

(27) Petitioner is an active member of Alcoholics Anonymous and has presented seminars on addiction and recovery at Temple Law School.

(28) Petitioner works as a law clerk for the Law Offices of Anna Durbin. He has been employed in that capacity since 2000 and works approximately 20 hours per week.

(29) Ms. Durbin testified at the hearing and attested to petitioner’s excellent legal abilities.

(30) If readmitted, petitioner plans to remain with Attorney Durbin.

(31) Eight other character witnesses testified on petitioner’s behalf.

(32) These witnesses all described petitioner’s reputation in the community as good for truthfulness and honesty. These witnesses support petitioner’s readmission.

[441]*441(33) Petitioner fulfilled all of his Continuing Legal Education requirements for readmission.

(34) Petitioner expressed sincere remorse for his crimes and did not make excuses for his actions. He suffered humiliation and shame as the result of his actions.

III. CONCLUSIONS OF LAW

(1) The misconduct for which petitioner was disbarred is not so egregious as to preclude immediate consideration of his petition for reinstatement.

(2) Petitioner has demonstrated by clear and convincing evidence that he possesses the moral qualifications, competency and learning in the law necessary to practice law in the Commonwealth of Pennsylvania.

(3) Petitioner has demonstrated that his resumption of the practice of law within the Commonwealth will be neither detrimental to the integrity and standing of the bar or administration of justice nor subversive of the public interest.

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Related

Matter of Costigan
664 A.2d 518 (Supreme Court of Pennsylvania, 1995)
Office of Disciplinary Counsel v. Keller
506 A.2d 872 (Supreme Court of Pennsylvania, 1986)
In Re Verlin
731 A.2d 600 (Supreme Court of Pennsylvania, 1999)

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76 Pa. D. & C.4th 435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-stapleton-pa-2005.