Office of Disciplinary Counsel v. Grigsby

425 A.2d 730, 493 Pa. 194, 1981 Pa. LEXIS 668
CourtSupreme Court of Pennsylvania
DecidedFebruary 5, 1981
Docket255, Disciplinary Docket 1, Disciplinary Board File 17 DB 79
StatusPublished
Cited by89 cases

This text of 425 A.2d 730 (Office of Disciplinary Counsel v. Grigsby) 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. Grigsby, 425 A.2d 730, 493 Pa. 194, 1981 Pa. LEXIS 668 (Pa. 1981).

Opinions

OPINION

LARSEN, Justice.

This attorney disciplinary proceeding presents the following questions: whether there is sufficient evidence to prove that John T. Grigsby, III (respondent) filed a sworn pleading which he knew was false; whether respondent’s conduct violates Disciplinary Rule 1-102 of the Code of Professional Responsibility [hereinafter cited as DR 1-102]; and whether disbarment is an appropriate sanction, considering respondent’s history of disciplinary violations.

Respondent, a lawyer in the Philadelphia area since 1963, has a history of disciplinary infractions. In 1970, the Philadelphia Bar Association Committee of Censors (Committee) privately reprimanded respondent for failure to act competently because he mishandled a client’s case during 1966-67. The Committee also noted that respondent’s testimony at a hearing on the matter was misleading. In 1971, the Committee again privately reprimanded respondent for failure to act competently because he neglected a client’s case during 1968-69.

Respondent has also been before this Court in a disciplinary proceeding which involved two separate incidents of misconduct, Office of Disciplinary Counsel v. Grigsby, Disciplinary Board File No. 5 D.B. 76. In one incident, respondent filed a false petition seeking counsel fees in 1973. (He [197]*197had been court-appointed counsel in a murder case tried in 1971 — 72.) The petition was fraudulent and was filed for the purpose of obtaining fees for work respondent did not perform. In the other incident, respondent filed a false complaint in connection with a tenant’s negligence action against a landlord. The tenant’s accident occurred on February 27, 1969, but the complaint which was filed on March 1, 1971 falsely showed the date of accident as March 1, 1969. Respondent had missed the statute of limitations, so he changed the date on the complaint after the tenant had signed it. The fraud was eventually discovered and the action was barred. On April 19, 1979 this Court publicly censured respondent for these incidents.1

In this case, two charges have been brought by the Office of Disciplinary Counsel (Petitioner). Respondent admits one of the charges: filing a false sworn application for a driver’s license. Because a 1968 judgment against respondent arising out of a car accident remained unsatisfied, respondent’s driver’s license (issued to “John T. Grigsby, III”) was revoked in 1972. In 1975, respondent submitted a sworn application for a driver’s license under the name “John T. Grigsby, Jr.” In the application he falsely stated that no license had ever been issued to him, that no judgments against him arising out of a car accident were unsatisfied, and that no license issued to him had ever been revoked. A new license was issued in response to this application but revoked when the fraud was discovered.

Respondent denies the other charge that he filed a sworn pleading known to be false in connection with a garnishment proceeding. The judgment creditor who held the unsatisfied 1968 judgment sought to execute against respondent by garnishing his checking account. Respondent resisted the execution by filing a Petition to Stay Writ of Execution which stated that funds in the checking account belonged to clients and could not be reached by his creditor. Soon [198]*198afterward, however, respondent voluntarily surrendered the account to the creditor. Petitioner maintains that respondent o.wned the funds in the account and that the pleading was false.

A Hearing Committee found both charges true and recommended a one-year suspension. These findings and recommendation were reviewed by the Disciplinary Board, affirmed, and submitted to this Court. On July 7, 1980, this Court rejected the recommendation of the Disciplinary Board, suspended respondent immediately, and directed him to show cause why he should not be disbarred.

Respondent contends that there was insufficient evidence to prove the charge that he filed a sworn pleading known to be false. This contention is without merit. Evidence is sufficient to prove unprofessional conduct if a preponderance of the evidence establishes the conduct and the proof of such conduct is clear and satisfactory. In re Berlant, 458 Pa. 439, 328 A.2d 471 (1974). The conduct may be proven solely by circumstantial evidence. Lemisch’s Case, 321 Pa. 110, 184 A. 72 (1936); Salus’s Case, 321 Pa. 106, 184 A. 70 (1936). In this case, various checks which the respondent had drawn on the garnished account were introduced into evidence. The checks were made out to “cash” (cash withdrawal), the “Disciplinary Board of the Supreme Court of Pa.” (a personal annual fee), and “Citizens for Judge Carson” (a political contribution). Because these payments were clearly for private purposes, the checks circumstantially prove that the account was not a client account.2 Additionally, respondent later voluntarily surrendered the account to the judgment creditor, an act inconsistent with client ownership. Finally, respondent’s own testimony3 in the garnishment proceeding supported his ownership: He [199]*199testified that he could not state why the client funds were being held and he could not identify the clients who owned the funds. He also admitted that he paid his secretary from the account. This evidence is sufficient to support the conclusion that the account was not a client account, contrary to respondent’s sworn pleading.

The scope of this Court’s review is de novo as to both the findings and the recommendations of the Disciplinary Board. Pennsylvania Rules of Disciplinary Enforcement 208(e) [Rules hereinafter cited as Pa.R.D.E.-]; Matter of Green, 470 Pa. 164, 868 A.2d 245 (1977). Based on respondent’s admission, we find he filed a sworn application for a driver’s license, which he knew to be false; based on the evidence, we find that respondent filed a sworn pleading, which he knew to be false, in order to resist the garnishment of a personal bank account.

There need be little discussion about whether respondent’s conduct constitutes “misbehavior” and violates DR 1-102.4 His conduct clearly involves “dishonesty, fraud, deceit, or misrepresentation” within the ambit of DR 1-102(A)(4). Respondent’s fraudulent conduct clearly violates DR 1-102(A)(3) which prohibits “illegal conduct involving moral turpitude. See Yurick v. Commonwealth Board of Osteopathic Examiners, 43 Pa.Cmwlth. 248, 402 A.2d 290 (1979). (Fraud is the touchstone of “moral turpitude”).

An attorney’s violation of the Disciplinary Rules subjects him to the imposition of discipline. Pa.R.D.E. 203(a). One of the disciplines specified in Pa.R.D.E. 204(1) is disbarment and petitioner contends that respondent should be disbarred. We now consider whether disbarment is appropriate in this case.

[200]*200This Court has held that false swearing is an “egregious species of dishonesty” which goes to the heart of the legal profession:

We are reminded of the comment of Daniel Webster: “Tell me a man is dishonest, and I will answer he is no lawyer. He cannot be, because he is careless and reckless of justice; the law is not in his heart, is not the standard and rule of his conduct.” D. Webster, Speech to the Charleston, South Carolina Bar, May 10, 1847.

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425 A.2d 730, 493 Pa. 194, 1981 Pa. LEXIS 668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-disciplinary-counsel-v-grigsby-pa-1981.