Office of Disciplinary Counsel v. Forrest

72 Pa. D. & C.4th 339, 2004 Pa. LEXIS 3413
CourtSupreme Court of Pennsylvania
DecidedDecember 30, 2004
DocketDisciplinary Board Docket no. 134 D.B. 2003
StatusPublished
Cited by1 cases

This text of 72 Pa. D. & C.4th 339 (Office of Disciplinary Counsel v. Forrest) 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
Office of Disciplinary Counsel v. Forrest, 72 Pa. D. & C.4th 339, 2004 Pa. LEXIS 3413 (Pa. 2004).

Opinion

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

McLAUGHLIN, 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.

I. HISTORY OF PROCEEDINGS

On September 16,2003, a petition for discipline was filed against respondent, Harty Curtis Forrest Jr. The petition charged respondent with violations of the Rules of Professional Conduct and Rules of Disciplinary Enforcement arising out of his alleged unauthorized practice of law. Respondent filed an answer to petition on October 10,2003.

[341]*341A disciplinary hearing was held on March 15, 2004, before Hearing Committee 2.08 comprised of Chair Patrick J. Broderick, Esquire and Members Lance J. Nelson, Esquire, and Richard L. Cantor, Esquire. Respondent was represented by Samuel C. Stretton, Esquire.

Following the submission of briefs by the parties, the committee filed a report on September 27,2004, 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 and request for oral argument on October 14, 2004.

Oral argument was held on November 10, 2004, before a three-member panel of the Disciplinary Board chaired by C. Eugene McLaughlin with Members Louis N. Teti, Esquire, and Robert E. J. Curran, Esquire.

This matter was adjudicated by the Disciplinary 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 located at Suite 1400, 200 North Third Street, Harrisburg PA 17101, is invested, pursuant to Rule 207 of the Pennsylvania 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.

[342]*342(2) Respondent, Harry Curtis Forrest Jr., was bom in 1966. He is a formerly admitted attorney in the Commonwealth of Pennsylvania, having been admitted to practice in 1996 and having been placed on inactive status effective April 19,2002. His residence address is 207 Beaumont Drive, Wallingford, PA 19086.

(3) Respondent is subject to the jurisdiction of the Disciplinary Board of the Supreme Court of Pennsylvania.

(4) Respondent has no prior history of discipline.

(5) By order dated March 20,2002, effective April 19, 2002, the Supreme Court ordered that respondent be transferred to inactive status pursuant to Rule 111(b), Pa.R.C.L.E.

(6) By certified letter dated March 20, 2002, Elaine M. Bixler, secretary of the Disciplinary Board, provided respondent with a copy of the Supreme Court order, a letter from the CLE Board, Rule 217 Pa.R.D.E. and section 91.91 through section 91.99 of the Disciplinary Board Rules, and Forms DB 23(i) and DB 24(i) (non-litigation and litigation notice of transfer to inactive status) and Form DB 25(i) (statement of compliance).

(7) Respondent received the aforesaid documents on March 25, 2002.

(8) Respondent failed to file Form DB 25 (i), thereby failing to certify his compliance with the order of the Supreme Court and with the Enforcement Rules.

Charge I — Guyer v. Esposto

(9) Guyer v. Esposto is a civil action which was commenced on January 13,2003, before District Justice John Murray in Montgomery County, Pennsylvania.

[343]*343(10) By letter dated February 27, 2003, respondent, while on inactive status, wrote to Judge Murray and:

(a) confirmed his representation of defendant David Esposto;

(b) confirmed his conversation with a member of the judge’s staff in which respondent noted his representation;

(c) requested a hearing date at least 30 days from the date of the letter; and

(d) requested 30 days to provide notice to a building inspector whom respondent intended to subpoena.

(11) Respondent’s correspondence of February 27, 2003, was on his legal letterhead, thereby inaccurately representing his status as an active member of the bar of the Supreme Court of Pennsylvania.

(12) Respondent failed to advise either Judge Murray or the opposing counsel of his transfer to inactive status and his consequent inability to represent Mr. Esposto.

Charge II — Otter son v. DiChristofaro

(13) While on inactive status, respondent represented Patrick Otterson in litigation in the Court of Common Pleas of Montgomery County.

(14) Respondent initiated the litigation by his filing of a summons on September 23, 2002.

(15) While on inactive status, respondent filed praecipe to reissue the summons on October 23,2002, November 22, 2002, and January 8, 2003.

(16) At the times respondent took the aforesaid actions, he failed to advise the court or the opposing party [344]*344of his transfer to inactive status and therefore his consequent inability to represent his client.

General Findings

(17) Commencing in January 2000, respondent was a sole practitioner with offices in Media, Pennsylvania.

(18) Respondent primarily had a one-client practice for a shopping center developer.

(19) After receiving the letter from the secretary of the board regarding his transfer to inactive status, respondent signed up for CLE courses but did not attend due to the death of his grandmother. He called the CLE Board for a hardship extension but was denied because the request was too late.

(20) Respondent has not taken any action to comply with the CLE requirements, but for one 2-hour class he took in May 2003.

(21) Respondent did not send letters to clients advising of his inactive status because he believed he had no active cases.

(22) Patrick Otterson was a former client and friend. Before respondent was placed on inactive status, Mr. Otterson asked respondent to represent him in an automobile accident.

(23) Respondent did not notify Mr. Otterson of his inactive status because he did not enter his appearance for Mr. Otterson and respondent intended to have his license reinstated by taking CLE credits.

(24) Respondent realized in the fall of 2002 that the statute of limitations was going to expire on Mr. Otter-[345]*345son’s cause of action. He intended to have Mr. Otterson file a writ of summons pro se.

(25) Due to unforeseen circumstances, respondent signed and filed a writ of summons in the matter.

(26) When respondent filed the writ of summons for Mr. Otterson, he knew that he was not licensed to practice law.

(27) When he reissued the writ on three occasions, respondent knew that he was unable to practice law.

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72 Pa. D. & C.4th 339, 2004 Pa. LEXIS 3413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-disciplinary-counsel-v-forrest-pa-2004.