Office of Disciplinary Counsel v. Rentschler

17 Pa. D. & C.5th 207
CourtSupreme Court of Pennsylvania
DecidedJune 30, 2010
DocketDisciplinary Board Docket nos. 33 and 127 DB 2009
StatusPublished

This text of 17 Pa. D. & C.5th 207 (Office of Disciplinary Counsel v. Rentschler) 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. Rentschler, 17 Pa. D. & C.5th 207 (Pa. 2010).

Opinion

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

MOMJIAN, Member,

Pursuant to rule 208(d)(2)(iii) of the Pennsylvania Rules of Disciplinary [209]*209Enforcement, the Disciplinaiy Board of the Supreme Court of Pennsylvania (“board”) herewith submits its findings and recommendations to your Honorable Court with respect to the above-captioned petition for discipline.

I. HISTORY OF PROCEEDINGS

On March 17, 2009, Office of Disciplinary Counsel filed a petition for discipline at No. 33 DB 2009 against Michael D. Rentschler. The petition charged respondent with violations of the rules of professional conduct arising out of two complaints filed by his client, Raymond Tibbens. Respondent filed an answer to petition for discipline on April 7,2009.

On August 19, 2009, Office of Disciplinary Counsel filed a second petition for discipline at No. 127 DB 2009 against respondent. The petition charged respondent with violations of the Rules of Professional Conduct arising out of a complaint filed by his client, Dennis Franco. Respondent filed an Answer to petition on September 4, 2009. On September 9, 2009, the petitions for discipline were consolidated for hearing.

A disciplinary hearing was held on October 14, 2009 before a District III Hearing Committee comprised of Chair Mark J. Powell, Esquire, and Members Joseph M. Cosgrove, Esquire, and Brian J. Cali, Esquire. Respondent was represented by Samuel C. Stretton, Esquire.

Following the submission of briefs by the parties, the Hearing Committee filed a Report on February 1, 2010, and concluded that respondent violated the rues of professional conduct as contained in the petitions for discipline. The committee recommended that respondent [210]*210be suspended for six months, the suspension be stayed, and respondent be placed on probation for a period of two years with conditions.

Petitioner filed a Brief on Exceptions on February 17, 2010. Respondent filed a Brief Opposing Exceptions on March 10, 2010 and requested oral argument.

Oral argument was held on March 26, 2010 before a three member panel of the Disciplinary Board .

This matter was adjudicated by the Disciplinary Board at the meeting on April 14, 2010.

II. FINDINGS OF FACT

The board makes the following findings of fact:

1. Petitioner, Office of Disciplinary Counsel, located at Pennsylvania Judicial Center, 601 Commonwealth Ave., Suite 2700, Harrisburg, Pennsylvania, 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 rules.

2. Respondent is Michael D. Rentschler. He was born in 1954 and was admitted to the practice of law in this commonwealth in 1986. His registered office address is 28 N. 32nd Street, Camp Hill PA 17011. He is subject to the jurisdiction of the Disciplinary Board of the Supreme Court of Pennsylvania.

3. Respondent has a record of prior discipline in Pennsylvania. He received an Informal Admonition [211]*211in 2005 for neglecting clients who were applying for permanent residence in the United States. He failed to file applications and failed to respond to requests from the clients. He failed to return papers and property to clients after his representation was terminated and failed to refund unearned fees until he was notified by the Office of Disciplinary Counsel of the complaints against him.

4. Respondent received a Private Reprimand in 2008 for his misconduct in two client matters. This misconduct consisted of neglecting his clients’ matters and failing to communicate.

5. On September 12, 2007, respondent met with Raymond Tibbens for the purpose of representing Mr. Tibbens’ wife in becoming a lawful permanent resident of the United States.

6. Respondent took possession of legal documents (birth certificates, marriage license, entry documents, etc.) and agreed to begin work on the case.

7. Mr. Tibbens entered into a non-refundable fee agreement of $ 1500.

8. Although respondent began to fill out various immigration forms, he never completed them.

9. In March of 2008, Tabitha Tanner, Esquire, began representing Mr. and Mrs. Tibbens concerning the immigration matter. She asked respondent to refund the $1500 retainer. Respondent agreed to refund part of the retainer, but did not do so at the time.

10. Respondent sent a bank check for $1500 on June 17, 2008, after receiving a DB-7 Letter from Office of Disciplinary Counsel.

[212]*21211. In November of 2007, respondent agreed to a flat fee of $800 to represent Mr. Tibbens in a harassment claim against his employer, ECI Group.

12. On November 7, 2007, respondent wrote a letter to William P. Eichelberger of ECI Group. The letter indicated that respondent represented Mr. Tibbens and that he wanted to discuss harassment allegations. Respondent followed the letter with a telephone call to an unknown person at ECI, but was unable to resolve anything.

13. Respondent told Mr. Tibbens that he had earned the $800 and would not return any portion to his client.

14. Respondent was court-appointed to represent Dennis Franco in a Dauphin County criminal case. This matter arose out of respondent’s employment as conflicts counsel. This required respondent to assume representation of assigned cases, with no limit on caseload, for a flat fee. Respondent did not have staff or secretarial assistance.

15. Respondent timely filed an appeal of Mr. Franco’s conviction.

16. Respondent failed to file a timely 1925 (b) statement of matters complained of on Appeal. It was due on August 1, 2008, but respondent filed it late on August 25, 2008. The trial court had already filed its memorandum opinion on August 12, 2008.

17. Respondent’s brief to the Superior Court was due on October 20, 2008. He requested an extension of time on October 23, 2008.

18. The Superior Court granted an extension to file until November 19, 2008; however, respondent failed to timely [213]*213file the brief or request another extension of time.

19. On February 17, 2009, respondent filed his second request for an extension of time on the basis that he did not have the transcripts.

20. On February 27,2009, the Superior Court remanded the case to Dauphin County for the appointment of new counsel and directed that respondent not be paid further fees due to his failure to timely file a 1925(b) Statement, as well as his extension of time requests.

21. Respondent testified at the disciplinary hearing.

22. Respondent accepted full responsibility for his misconduct. He admits that he did not properly handle the matters for his clients.

23. Respondent was extremely remorseful during the hearing and was clearly embarrassed by his misconduct.

24. Respondent cooperated with office of disciplinary counsel.

25.

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

Related

In re Anonymous No. 56 D.B. 94
28 Pa. D. & C.4th 398 (Supreme Court of Pennsylvania, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
17 Pa. D. & C.5th 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-disciplinary-counsel-v-rentschler-pa-2010.