Office of Disciplinary Counsel v. Perrella

66 Pa. D. & C.4th 119
CourtSupreme Court of Pennsylvania
DecidedJanuary 29, 2003
DocketDisciplinary Board Docket no. 19 D.B. 2001
StatusPublished

This text of 66 Pa. D. & C.4th 119 (Office of Disciplinary Counsel v. Perrella) 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. Perrella, 66 Pa. D. & C.4th 119 (Pa. 2003).

Opinion

STEWART, 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 February 6, 2001, petitioner, Office of Disciplinary Counsel, filed a petition for discipline against Nicholas R. Perrella, respondent in these proceedings. The petition charged respondent with violations of the Rules of Professional Conduct arising out of allegations that respondent engaged in the unauthorized practice of law. Respondent filed an answer to petition for discipline on May 4, 2001.

A disciplinary hearing was held before Hearing Committee 2.04 comprised of Chair Cheryl L. Young, Esquire, and Members Mark A. Kearney, Esquire and Lawrence R. Scheetz, Esquire. James M. McMaster, Esquire, represented respondent at the hearing.

After briefing by the parties, the committee filed a report and found that respondent violated Rules of Profes[121]*121sional Conduct 1.16(a)(1) and 5.5(b), and Pennsylvania Rules of Disciplinary Enforcement 217(c), (d), and (e). The committee recommended that respondent be publicly censured.

The parties did not file briefs on exceptions and this matter was adjudicated by the Disciplinary Board at the meeting of August 7, 2002.

n. FINDINGS OF FACT

The board makes the following findings of fact:

(1) Petitioner, whose principal office is now 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.

(2) Respondent is a formerly admitted attorney in the Commonwealth of Pennsylvania, having been admitted to practice in 1984 and having been placed on inactive status effective May 24, 1996. Respondent is admitted to practice in the State of New York and maintains an office at Suite 2818, 320 E. 42nd Street, New York, NY 10017. Respondent is subject to the jurisdiction of the Disciplinary Board of the Supreme Court of Pennsylvania.

(3) Respondent was required by Pennsylvania Rules and Regulations of Continuing Legal Education to complete and satisfy certain course credit hours by August 31 of each compliance year.

[122]*122(4) Respondent completed Ms requirements for the years 1993 and 1994.

(5) Respondent has taken no Pennsylvania CLE courses since 1994.

(6) On November 30,1995, a final notice of noncompliance was mailed by the CLE Board to respondent, informing him, inter alia:

(a) He was noncompliant with his CLE for 1995.

(b) After the expiration of 90 days, the CLE Board would prepare a list of noncompliant lawyers, which would be sent to the Supreme Court of Pennsylvania with the recommendation that those lawyers be involuntarily inactivated for noncompliance.

(7) An “Urgent notice” was mailed on March 4,1996, to respondent’s registered address and advised respondent that if he failed to comply with Pennsylvania CLE Rules that he would be placed on inactive status.

(8) By order of April 24, 1996, the Supreme Court of Pennsylvania ordered that respondent be transferred to inactive status pursuant to Rule 111(b), Pa.R.C.L.E., effective May 24, 1996.

(9) By letter dated April 25, 1996, Elaine M. Bixler, executive director and secretary of the Disciplinary Board, provided respondent with:

(a) A copy of the April 24, 1996 order.

(b) A letter prepared by the CLE Board providing information regarding compliance with the CLE Rules.

(c) Acopy of Rule 217, Pa.R.D.E., and sections 91.91 through 91.99 of the Disciplinary Rules.

(d) Forms DB-23(i) and DB-24(j), non-litigation and litigation notice of disbarment, suspension or transfer to [123]*123inactive status, and formDB-25(i), statement of compliance.

(10) On or about June 11, 1999, respondent filed a complaint in the matter of Catherine F. Nugent v. Michale M. Imming and Therese Marren-Weeks, docket no. 1999-03927, in the Court of Common Pleas of Bucks County. (Nugent v. Imming) Respondent also entered his appearance and advised the court that he was designated as trial counsel for plaintiff. He utilized his Pennsylvania attorney identification number on the complaint.

(11) Prior to the filing of the complaint, respondent informed his client that he was on inactive status in Pennsylvania and would have to find local counsel to enter an appearance in the case and to make a motion for admission pro hac vice or for special admission.

(12) Paul C. Quinn, Esquire, was hired as co-counsel.

(13) By cover letter of November 8,1999, respondent provided Andrew F. Schneider, Esquire, opposing counsel, with a copy of plaintiff’s response for defendants’ request for interrogatories.

(14) This correspondence was on letterhead that represented respondent was a member of the Pennsylvania bar.

(15) By cover letter dated November 12,1999, respondent provided Attorney Schneider with a copy of plaintiff’s brief in opposition to defendants’ preliminary objections.

(16) This correspondence was on letterhead that represented respondent was a member of the Pennsylvania bar.

[124]*124(17) On November 15, 1999, respondent and Attorney Quinn filed plaintiff’s brief in opposition to defendants’ preliminary objections, in which respondent identified himself as attorney for plaintiff and displayed his Pennsylvania attorney license number.

(18) On November 15,1999, respondent sent to Judge John Rufe a cover letter on letterhead that represented he was a member of the Pennsylvania bar.

(19) By letter of January 16, 2000, respondent submitted to Judge Rufe a response to a motion of the defense.

(20) On January 18, 2000, Attorney Schneider telephoned respondent to discuss an extension of time to file an answer to the complaint and a possible settlement of the case.

(21) On January 31, 2000, Attorney Schneider filed a petition to strike respondent’s appearance due to his inactive status in Pennsylvania.

(22) Subsequent to Attorney Schneider’s petition to strike respondent’s appearance, between January 31,2000 and March 5, 2001, respondent continued to reply to motions, send letters, and file legal pleadings on behalf of his client in the case of Nugent v. Imming.

(23) On February 24, 2000, June 26, 2000, and November 22, 2000, Attorney Quinn, co-counsel for plaintiff, attempted to file a motion for special admission of co-counsel on behalf of plaintiff (motion for admission pro hac vice).

(24) Mr. Quinn’s motion for admission pro hac vice initially was not acted upon by the court due to various deficiencies in the motion.

[125]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Office of Disciplinary Counsel v. Keller
506 A.2d 872 (Supreme Court of Pennsylvania, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
66 Pa. D. & C.4th 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-disciplinary-counsel-v-perrella-pa-2003.