Office of Disciplinary Counsel v. Raney

77 Pa. D. & C.4th 112
CourtSupreme Court of Pennsylvania
DecidedJanuary 21, 2005
DocketDisciplinary Board Docket No. 22 D.B. 2004
StatusPublished

This text of 77 Pa. D. & C.4th 112 (Office of Disciplinary Counsel v. Raney) 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. Raney, 77 Pa. D. & C.4th 112 (Pa. 2005).

Opinion

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

SAIDIS, 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 11, 2004, Office of Disciplinary Counsel filed a petition for discipline against Brian P. Raney, respondent. The petition charged respondent with violation of the Rules of Professional Conduct and Rules of Disciplinary Enforcement arising out of allegations that he engaged in the unauthorized practice of law and made false statements to a tribunal. Respondent did not file an answer to petition for discipline.

A pre-hearing conference was held on May 10,2004, before Martin N. Lisman, Esquire, member of Hearing Committee 1.17. Respondent did not appear at the conference.

[114]*114A disciplinary hearing was held on June 10,2004, before Hearing Committee 1.17, comprised of Chair Gilbert J. Scutti, Esquire, and Members Heather Gallagher Tucker, Esquire and Martin N. Lisman, Esquire. Respondent did not appear. Respondent was personally served with notice of the date and time of the disciplinary hearing.

The Hearing Committee filed a report on September 29, 2004, finding that respondent violated the rules charged in the petition for discipline and recommending that he be disbarred.

No briefs on exceptions were filed by the parties.

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, Pennsylvania, is invested, pursuant to Pa.R.D.E. 207, 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 said Rules of Disciplinary Enforcement.

(2) Respondent, Brian P. Raney, was born in 1971 and was admitted to practice law in Pennsylvania in 2001. He does not maintain an office for the practice of law in the Commonwealth of Pennsylvania. He is subject to the disciplinary jurisdiction of the Disciplinary Board of the Supreme Court.

[115]*115(3) Respondent has no prior history of discipline.

(4) On July 23,2002, respondent filed with the Disciplinary Board of the Supreme Court of Pennsylvania his 2002-2003 Attorney’s Annual Fee form, in which he requested to transfer to inactive status and cease the practice of law in Pennsylvania, and accordingly, was transferred to inactive status effective July 1, 2002.

(5) On May 10, 2002, respondent filed with the Virginia Board of Law Examiners (VABLE) a sworn application for re-examination for the July 2002 bar examination.

(6) In the sworn supplemental questionnaire, respondent answered “no” to the following questions:

(a) In response to question 2(C) — Have you permitted a business, trade or professional license to expire?

(b) In response to question 3 — Llave you been disqualified from practicing law?

(c) In response to question 5 — Have there been any charges filed, proceedings initiated or complaints made involving allegations that you have committed any act which may constitute the unauthorized practice of law?

(d) In response to 15(ii) — he stated, “I hereby affirm under oath that none of the preceding questions apply to me and I submitted my ‘Character and fitness questionnaire’ to the Virginia Board of Bar Examiners on the date set out above and that all information contained was true and complete.”

(7) Respondent did not advise the VABLE of his transfer to inactive status in Pennsylvania prior to the bar examination which he took on July 30-31, 2002.

[116]*116(8) Respondent did not pass the July 2002 Virginia Bar examination.

(9) On December 11, 2002, respondent filed with the VABLE a sworn application for re-examination for the February 2003 bar examination.

(10) Respondent did not append a certificate of good standing, as required.

(11) Respondent acknowledged that he was required to notify the VABLE in writing if any answer on his application changed prior to admission to the bar.

(12) Respondent submitted a sworn supplemental questionnaire in which he responded as he had in the May 2002 questionnaire, as set forth above.

(13) By notice dated January 22, 2003, the VABLE advised respondent of the requirement that he supply a certificate of good standing from the Supreme Court of Pennsylvania.

(14) By letter dated February 6,2003, respondent advised the VABLE that he was unable to obtain a certificate of good standing in Pennsylvania because he had been on inactive status since July 2002.

(15) Respondent subsequently supplied the VABLE with a certification of disciplinary history from Chief Disciplinary Counsel.

(16) Respondent did not pass the February 2003 Virginia Bar examination.

(17) On May 5,2003, respondent filed with the VABLE an application for re-examination for the July 2003 bar examination and a supplemental questionnaire, in which he responded as he had to the May 2002 questionnaire, as set forth above.

[117]*117(18) On or about June 5, 2003, respondent signed his 2003-2004 Pennsylvania fee form, which he subsequently filed with the board, in which he listed as his residence and office addresses: 1440 Cool Spring Way, Virginia Beach, VA 23464, and requested active status for the period July 1, 2003 to June 30, 2004.

(19) Respondent stated on the fee form that he was covered by a professional liability insurance carrier named Jamison Special Risk Inc. This was false, as he was not a named insured or listed employee under the referenced policy.

(20) Respondent stated that he was engaged in the private practice of law, but he did not state the name of the firm, which was Titus Law Group, located at 575 Lynnhaven Parkway, Suite 101, Virginia Beach, VA 23452. '

(21) On June 25, 2003, the Titus Law Group filed in Virginia Beach Circuit Court a notice of hearing for June 20 [sic] 2003, in the matter of In re: Estate of Ruby B. Swanson, Chancery no. CH03-605, on behalf of James Blaine, on which respondent’s name appears in the caption as “special counsel,” along with the names of two attorneys from the Titus Law Group, Kristina M. Card-well and Stephen M. Gunther.

(22) Respondent did not at any time file a motion to appear in the Swanson matter pro hac vice, as required by Va. Code Ann. §54.1-3900.

(23) At the time the Titus Law Group filed the pleading, respondent:

(a) had been admitted to practice in Pennsylvania for two years and was on inactive status;

[118]*118(b) was not admitted to practice in any jurisdiction other than Pennsylvania;

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Related

Office of Disciplinary Counsel v. Duffield
644 A.2d 1186 (Supreme Court of Pennsylvania, 1994)
Office of Disciplinary Counsel v. Holston
619 A.2d 1054 (Supreme Court of Pennsylvania, 1993)

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77 Pa. D. & C.4th 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-disciplinary-counsel-v-raney-pa-2005.