Office of Disciplinary Counsel v. Turner

10 Pa. D. & C.5th 92
CourtSupreme Court of Pennsylvania
DecidedSeptember 28, 2009
DocketDisciplinary Board Docket no. 136 D.B. 2008
StatusPublished

This text of 10 Pa. D. & C.5th 92 (Office of Disciplinary Counsel v. Turner) 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. Turner, 10 Pa. D. & C.5th 92 (Pa. 2009).

Opinion

BUCHHOLZ,

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 4,2008, Office of Disciplinary Counsel filed a petition for discipline against Thomas J. Turner III. The petition charged respondent with violations of the Rules of Professional Conduct and Rules of Disciplinary Enforcement based on allegations that respondent engaged in the unauthorized practice of law. Respondent did not file an answer to petition for discipline.

A disciplinary hearing was held on January 8, 2009, before a District I Hearing Committee comprised of Chair Stephen A. Feldman, Esquire, and Members Michael L. Korniczky, Esquire and Tamara Lee Traynor, Esquire. Respondent appeared pro se.

Following the submission of a brief by petitioner, the Hearing Committee filed a report on May 1, 2009, con-[94]*94eluding that respondent violated the Rules of Professional Conduct and Rules of Disciplinary Enforcement as contained in the petition for discipline, and recommending that he be disbarred from the practice of law.

This matter was adjudicated by the Disciplinary Board at the meeting on July 18, 2009.

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 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 Thomas J. Turner III. He was born in 1943 and was admitted to practice law in the Commonwealth in 1975.

(3) By order of the Supreme Court of Pennsylvania dated October 26,1993, respondent was suspended from the practice of law for a period of two years.

(4) Respondent never petitioned for reinstatement before the Supreme Court and remains under suspension.

(5) Prior to the two-year suspension, respondent received three informal admonitions in 1978, one informal admonition in 1985, and a private reprimand in 1992.

[95]*95(6)Respondent is subject to the jurisdiction of the Disciplinary Board of the Supreme Court of Pennsylvania.

Tammy Coleman Matter

(7) In November or December 2004, Tammy Coleman received in the mail a solicitation from respondent.

(8) Respondent identified himself as an attorney and offered to assist Ms. Coleman in filing for bankruptcy so that she could retain her house, which was scheduled for sheriffs sale.

(9) Ms. Coleman contacted respondent using the telephone number that appeared on the solicitation.

(10) Respondent represented to Ms. Coleman that he was an attorney and directed her to bring his fee in cash and certain paperwork to a restaurant in Philadelphia.

(11) On December 6, 2004, Ms. Coleman met with respondent at the restaurant.

(12) Ms. Coleman paid respondent $300 in cash and gave respondent paperwork.

(13) Respondent reviewed the paperwork and completed some documents, including a Chapter 13 Bankruptcy petition; summary of schedules and schedules A-J; declaration; statement of financial affairs; disclosure of compensation of bankruptcy petition preparer; and Chapter 13 plan.

(14) Respondent decided where and what specific information should be entered on the documents he prepared on behalf of Ms. Coleman.

[96]*96(15) Respondent decided which exemptions Ms. Coleman should claim.

(16) Respondent failed to sign and print his name and address on the declaration, the statement and the plan.

(17) Respondent failed to place his social security number on the declaration, the statement and the plan.

(18) These failures violated 11 U.S.C. §110(b)(1).

(19) During respondent’s meeting with Ms. Coleman, he told her that the filing of the bankruptcy documents would stop the sheriff’s sale of her home and that he would contact her.

(20) After receiving no communication from respondent, Ms. Coleman made several unsuccessful attempts to contact respondent by telephone.

(21) The bankruptcy documents completed by respondent were filed in the United States Bankruptcy Court for the Eastern District of Pennsylvania.

(22) By order dated July 22, 2005, Bankruptcy Judge Kevin Carey found that respondent had engaged in the unauthorized practice of law and had violated numerous provisions of 11 U.S.C. §110.

(23) The court fined respondent $2,000, directed respondent within 15 days of the date of the order to pay to Ms. Coleman the $300 fee he received, and ordered respondent to cease engaging in further fraudulent, unfair or deceptive conduct and the unauthorized practice of law.

(24) Respondent did not pay either the $2,000 fine to the clerk of court or the $300 to Ms. Coleman.

[97]*97 Janet Miller Matter

(25) In April 2005, John H. Croom IV, Esquire, referred Janet Miller to respondent, as she was seeking relief from foreclosure.

(26) Ms. Miller met with respondent, who advised Ms. Miller that she could stop an imminent sheriff’s sale of her home by filing for bankruptcy, and that he would take care of stopping the sale of her home.

(27) Ms. Miller enlisted respondent’s assistance with preparation of the papers necessary to file for bankruptcy.

(28) Ms. Miller presented respondent with copies of her bills and various other papers regarding her financial condition.

(29) Respondent prepared for Ms. Miller a Chapter 13 Bankruptcy petition, declaration, summary of schedules and schedules A-J, statement of financial affairs, Chapter 13 plan, application to pay filing fees in installments, and a disclosure of compensation to bankruptcy petition preparer.

(30) Respondent decided where and what specific information should be entered on each of the documents, and which exemptions Ms. Miller should claim and the amounts thereof.

(31) Respondent signed the petition and the satement as a “non-attorney petition preparer” and printed his name, address and social security number thereon.

(32) Respondent did not sign the declaration, plan or application, nor did he print his name, address and social security number on those documents.

[98]*98(33) Respondent accepted $300 from Ms. Miller for his services and gave to her for filing the completed bankruptcy documents.

(34) On April 29, 2005, Ms. Miller filed the petition and other documents with the court.

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

Related

Office of Disciplinary Counsel v. Grigsby
425 A.2d 730 (Supreme Court of Pennsylvania, 1981)
In Re Iulo
766 A.2d 335 (Supreme Court of Pennsylvania, 2001)
Office of Disciplinary Counsel v. Keller
506 A.2d 872 (Supreme Court of Pennsylvania, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
10 Pa. D. & C.5th 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-disciplinary-counsel-v-turner-pa-2009.