In the Matter of Schofield

67 Pa. D. & C.4th 566
CourtSupreme Court of Pennsylvania
DecidedMarch 23, 2004
DocketDocket no. 25 D.B. 1997
StatusPublished

This text of 67 Pa. D. & C.4th 566 (In the Matter of Schofield) 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 the Matter of Schofield, 67 Pa. D. & C.4th 566 (Pa. 2004).

Opinion

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

TETI, Vice-Chair,

Pursuant to Rule 218(c)(5) of the Pennsylvania Rules of Disciplinary Enforcement, the Disciplinary Board of the Supreme Court [568]*568of Pennsylvania submits its findings and recommendations to your honorable court with respect to the above-captioned petition for reinstatement.

I. HISTORY OF PROCEEDINGS

On June 20, 2002, petitioner, Frederick S. Schofield III, filed a petition for reinstatement to the bar of the Supreme Court of Pennsylvania. Petitioner was disbarred by order of the Supreme Court dated February 24,1997.

A reinstatement hearing was held on January 15,2003, before Hearing Committee 2.06 comprised of Chair Joseph R. D’Annunzio, Esquire, and Members Anton H. Rosenthal, Esquire, and James J. Byrne, Esquire. Petitioner was represented by James C. Schwartzman, Esquire.

The Hearing Committee filed a report on August 5, 2003, and recommended that the petition for reinstatement be granted.

No briefs on exceptions were filed by the parties.

This matter was adjudicated by the Disciplinary Board at the meeting of November 19, 2003.

II. FINDINGS OF FACT

The board makes the following findings of fact:

(1) Petitioner was bom in 1948 and was admitted to the practice of law in Pennsylvania in 1976. He currently resides at 43 West Ferry Street, New Hope, PA 18938. His current business address is 1955 Street Road, Bensalem, PA 18938.

[569]*569(2) Beginning in 1978 and continuing until his disbarment, petitioner was employed as a solo practitioner in New Jersey.

(3) Between July 1995 and July 1996, petitioner settled personal injury cases for six clients. In each of these client matters, petitioner drew the amount of his contingency fee from his trust account before the settlement funds had actually cleared or been received in the account.

(4) In one instance the fee was drawn two days early, in another it was drawn four weeks early. Typically, it was drawn two to three weeks early.

(5) Petitioner’s actions came to light when a check drawn from his trust account was returned for insufficient funds in August 1996. This triggered an audit by the State of New Jersey, which examined all records and found a total of six instances when petitioner had advanced his attorney fees before settlement checks had cleared in the account.

(6) The New Jersey audit found no wrongdoing other than the six instances in which petitioner had drawn attorneys fees prematurely.

(7) Petitioner cooperated fully in the audit.

(8) No client was injured as a result of petitioner’s actions. Each of the clients received all funds to which they were entitled prior to the audit that discovered the improper advances.

(9) As a result of these actions, petitioner was disbarred on consent from the practice of law in the State of New Jersey by order of the Supreme Court of New Jersey dated September 25, 1996.

[570]*570(10) Following his disbarment in New Jersey, and by way of reciprocal discipline, petitioner was disbarred from the practice of law in the Commonwealth of Pennsylvania by order of the Supreme Court of Pennsylvania dated February 24, 1997.

(11) During the period of his disbarment, petitioner has written and promoted three novels and screenplays, formed a corporate publishing venture, and has had literary agents working on his behalf. The books were eventually published and sold in certain areas of the country.

(12) Beginning in January 2002 and continuing to the present, petitioner has been employed as a licensed real estate salesperson and has worked on a commission basis. Petitioner is associated with Long & Foster Real Estate in Yardley, Pennsylvania.

(13) Petitioner received a Pennsylvania Notary Public appointment in March 2002.

(14) Petitioner has an outstanding debt to the Internal Revenue Service in the amount of $26,500.

(15) Petitioner is a recovering alcoholic. At the time of the events that led to his disbarment, petitioner was at the height of his active alcoholism and was having periods of blackouts.

(16) In May 1996, petitioner began treating with a physician who specialized in alcohol and drug abuse. However, at that time, the treatment did not resolve his alcoholism.

(17) Eventually, petitioner began attending Alcoholics Anonymous meetings. As he began to work through the 12 steps of AA, he came to recognize the fact of his [571]*571alcoholism, and thereafter became a regular participant in AA meetings.

(18) Petitioner consulted counsel regarding the possibility of reinstatement to the Bar of Pennsylvania. He began treatment with Richard Limoges M.D., a recognized expert in treating alcoholism. Dr. Limoges introduced petitioner to the Philadelphia chapter of Lawyers Concerned for Lawyers (LCL). Within a week, petitioner became an active participant in LCL.

(19) Petitioner currently attends AA meetings, as well as meetings of the Trenton, New Jersey chapter of LCL. He attends three to four support meetings per week.

(20) In June 2002, petitioner voluntarily entered into a sobriety monitor program. Pursuant to that program, petitioner has met regularly with his sobriety monitor, who is responsible for determining whether petitioner has maintained his sobriety.

(21) Petitioner’s sobriety monitor has concluded that petitioner has at all times remained faithful to his objectives and has performed his obligations under the program contract.

(22) At the time of the reinstatement hearing, petitioner had been sober for approximately two years.

(23) Petitioner volunteers as a speaker at LCL programs and CLE programs organized by LCL.

(24) Petitioner has demonstrated sincere remorse for his misconduct. He testified convincingly of the shame he brought to his family.

(25) Petitioner has recognized his wrongdoing and takes full responsibility for his actions.

[572]*572(26) If reinstated, petitioner hopes to practice criminal and real estate law in Bucks County, Pennsylvania. He intends to devote a portion of his practice to rendering pro bono services to persons in need.

(27) Petitioner fulfilled his continuing legal education requirements for reinstatement. He reads the advance sheets and other law related journals. He occasionally assists other attorneys in putting together briefs or motion responses.

(28) Petitioner devotes significant time to civic and community activities. He volunteers for the Bucks County Library System, and is an active member of the Rotary Club and the Veterans of Foreign Wars, among other activities.

(29) Six character witnesses testified at the reinstatement hearing. These witnesses testified that petitioner enjoys a strong reputation in the community as a truthful, honest, and law-abiding person who has demonstrated sincere remorse for his past actions.

(30) Petitioner offered a number of letters from attorneys who support petitioner’s reinstatement.

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731 A.2d 600 (Supreme Court of Pennsylvania, 1999)

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