Office of Disciplinary Counsel v. Coleman

78 Pa. D. & C.4th 104
CourtSupreme Court of Pennsylvania
DecidedJanuary 24, 2005
DocketDisciplinary Board Docket no. 98 D.B. 2003
StatusPublished

This text of 78 Pa. D. & C.4th 104 (Office of Disciplinary Counsel v. Coleman) 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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Office of Disciplinary Counsel v. Coleman, 78 Pa. D. & C.4th 104 (Pa. 2005).

Opinion

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

PIETRAGALLO, Member,

Pursuant to Rule 208(d)(2)(iii) of the Pennsylvania Rules of Disciplinary Enforcement, the Disciplinary Board of the Supreme Court of Pennsylvania herewith submits its findings and recommendations to your honorable court with respect to the above-captioned petition for discipline.

[106]*106I. HISTORY OF PROCEEDINGS

On July 24, 2003, Office of Disciplinary Counsel filed a petition for discipline against respondent, Thomas Joseph Coleman III. The petition charged respondent with violations of the Rules of Professional Conduct and Rules of Disciplinary Enforcement arising out of the unauthorized practice of law while on inactive status. Respondent filed an answer to petition on September 4, 2003.

A disciplinary hearing was held on December 17,2003, before Hearing Committee 2.10 comprised of Chair Steven Howard Berkowitz, Esquire, and Members Anna M. Durbin, Esquire and Karen J. Schular, Esquire. Respondent was represented by James C. Schwartzman, Esquire.

Following the submission of briefs by the parties, the Hearing Committee filed a report on September 2,2004, finding that respondent violated the rules as charged in the petition for discipline and recommending that respondent be suspended for one year and one day.

Respondent filed a brief on exceptions on October 12, 2004. Petitioner filed a brief opposing exceptions on October 28, 2004.

This matter was adjudicated by the board at the meeting of November 17, 2004.

II. FINDINGS OF FACT

The board makes the following findings of fact:

(1) Petitioner, whose principal office is situated at Suite 1400,200 North Third Street, Harrisburg, Pennsylvania 17101, is invested, pursuant to Rule 207 of the Pennsyl[107]*107vania Rules of Disciplinary Enforcement, with the power and duty to investigate all matters involving alleged misconduct of an attorney admitted to practice law in the Commonwealth of Pennsylvania and to prosecute all disciplinary proceedings brought in accordance with the various provisions of the aforesaid rules.

(2) Respondent, Thomas Joseph Coleman III, was bom in 1963 and was admitted to practice law in Pennsylvania in 1990. Respondent is also admitted to the bar of the State of New Jersey and maintains his office at 325 New Albany Road, Moorestown, NJ 08057. Respondent is subject to the jurisdiction of the Disciplinary Board of the Supreme Court of Pennsylvania.

(3) Respondent has no prior history of discipline.

(4) By order dated November 22, 1993, the Supreme Court of Pennsylvania transferred respondent to inactive status pursuant to Pa.R.D.E. 219, effective 30 days from the date of the order.

(5) By cover letter dated November 30, 1993, Elaine M. Bixler, secretary of the Disciplinary Board, mailed to respondent at his registration address the following:

(a) A copy of the order of the Supreme Court dated November 22, 1993;

(b) Standard Guidance of the Disciplinary Board to lawyers who have been transferred to inactive status;

(c) Rules 217 and 219 of the Pa.RJD.E;

(d) Subchapter E, Formerly Admitted Attorneys, of the Disciplinary Board Rules;

(e) Form D.B.-23, Nonlitigation notice of disbarment, suspension or transfer to inactive status;

[108]*108(f) Form D.B.-24, Litigation notice of disbarment, suspension or transfer to inactive status; and

(g) Form D.B.-25, Statement of compliance.

(6) Ms. Bixler’s November 30, 1993 letter was sent by certified mail, return receipt requested.

(7) Ms. Bixler’s letter was signed for by respondent’s agent at his New Jersey law firm on or about December 2, 1993.

(8) Respondent has no present recollection of having received a letter from Ms. Bixler, but has no reason to think such documents were not received, and does not doubt the veracity of the allegations.

(9) By order dated June 17, 1994, the Supreme Court of Pennsylvania transferred respondent to inactive status, pursuant to Rule 111(b), Pa.R.C.L.E., effective 30 days after the date of the order.

(10) By cover letter dated June 22, 1994, Ms. Bixler mailed to respondent at his registered address the following:

(a) A copy of the certified Supreme Court order dated June 17, 1994.

(b) A letter prepared by the Continuing Legal Education Board which provided information regarding compliance with the rules;

(c) Pa.R.D.E. 217 and sections 91.91 to 91.99 of the Disciplinary Board Rules.

(d) Forms D.B.-23 and D.B.-24; and

(e) Form D.B.-25.

(11) Ms. Bixler’s June 22,1994 letter was sent by certified mail, return receipt requested.

[109]*109(12) The letter was received by respondent’s agent at his New Jersey law firm.

(13) Respondent has no present recollection of having received a letter from Ms. Bixler dated June 22,1994, but has no reason to think that such a document was not received and does not doubt the veracity of the allegations.

(14) Prior to August 1995, the Administrative Office of Pennsylvania Courts (Lawyer Assessment) sent respondent an Attorney’s Annual Fee form 1995-1996.

(15) On August 18, 1995, respondent or respondent’s agent at his law firm signed or caused to be signed respondent’s 1995-1996 form.

(16) OnAugust 18,1995, respondent or his agent sent or caused to be sent to Lawyer Assessment the Attorney Fee form and check for $325.

(17) By letter dated August 22,1995, addressed to respondent at his registered address, Suzanne E. Sipes, Attorney Registrar, advised that the CLE Board had not certified that respondent had complied with his CLE requirements, his registration form was being processed as inactive, and his firm would be reimbursed the fee of $325.

(18) Respondent was employed as an associate in the law firm of Montgomery, McCracken, Walker & Rhoads (MMW&R) at the Cherry Hill, New Jersey office from October 9, 1995 to September 14, 2001.

(19) MMW&R handled attorney licensing on a firm-wide basis, coordinated by Human Resources. Human Resources received the fee forms and then provided them to the individual attorney for signature and dating. The [110]*110attorney was responsible to review the information on the form for accuracy. The Legal Recruitment manager then reviewed the signed form for completeness and mailed in one check and all individual forms to Lawyer Assessment.

(20) On May 21, 1996, Lawyer Assessment sent a 1996-1997 Attorney Annual Fee form to respondent at MMW&R.

(21) Respondent’s 1996-1997 form listed him as being on inactive status since December 1993.

(22) On May 31,1996, respondent or his agent marked off the box on the form that indicated respondent desired active status, enclosed payment of $325, and listed respondent’s office address as 123 South Broad Street, Philadelphia PA 19109.

(23) Respondent signed the 1996-1997 form.

(24) Respondent or his agent sent the fee form and check to Lawyer Assessment.

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Related

Office of Disciplinary Counsel v. Costigan
584 A.2d 296 (Supreme Court of Pennsylvania, 1990)
Office of Disciplinary Counsel v. Lucarini
472 A.2d 186 (Supreme Court of Pennsylvania, 1983)

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