Office of Disciplinary Counsel v. Walsh

1 Pa. D. & C.5th 342, 2006 Pa. LEXIS 2584
CourtSupreme Court of Pennsylvania
DecidedMarch 8, 2006
Docketno. 73 D.B. 2005
StatusPublished

This text of 1 Pa. D. & C.5th 342 (Office of Disciplinary Counsel v. Walsh) 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. Walsh, 1 Pa. D. & C.5th 342, 2006 Pa. LEXIS 2584 (Pa. 2006).

Opinion

CURRAN, 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 May 12,2005, Office of Disciplinary Counsel filed a petition for discipline against William A. Walsh, respondent. The petition charged respondent with professional misconduct arising out of his failure to appear for an informal admonition and failure to perform the condition of the informal admonition. Respondent did not file an answer to petition for discipline.

A disciplinary hearing was held on August 24, 2005, before a District II Hearing Committee comprised of Chair Robert F. Morris, Esquire, and Members Andrew J. Reilly, Esquire, and Christine Fizzano Cannon, Esquire. Respondent did not appear.

The Hearing Committee filed a report on November 7,2005, finding that respondent engaged in professional misconduct and recommending that he be suspended for one year and one day.

No briefs on exception were filed by the parties.

This matter was adjudicated by the Disciplinary Board at the meeting on February 1, 2006.

[344]*344II. FINDINGS OF FACT

The board makes the following findings of fact:

(1) Petitioner, Office of Disciplinary Counsel, whose principal office is situated at Suite 1400,200 North Third Street, Harrisburg, Pennsylvania 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 in accordance with the various provisions of the aforesaid rules.

(2) Respondent, William A. Walsh, was bom in 1953 and was admitted to practice law in the Commonwealth of Pennsylvania in 1985. He was placed on inactive status by order of the Supreme Court of Pennsylvania dated August 24, 2002.

(3) Respondent is subject to the jurisdiction of the Disciplinary Board of the Supreme Court of Pennsylvania.

(4) Respondent has no prior history of discipline.

(5) By letter dated January 27, 2005, Paul J. Killion, Chief Disciplinary Counsel, informed respondent that the reviewing authorities had directed that respondent should receive an informal admonition with condition as the disciplinary action to be taken in disposition of the complaints filed against respondent by Gladys M. Davis and Joyce J. Slay.

(6) The letter dated January 27,2005, advised respondent that he was in violation of:

[345]*345(i) R.P.C. 1.3 — by failing to act with reasonable diligence and promptness in representing Ms. Davis and Ms. Slay;

(ii) R.P.C. 1.4(a) — by failing to keep Ms. Davis and Ms. Slay informed about the status of their matters and failing to comply with reasonable requests for information;

(iii) R.P.C. 1.4(b) — by failing to explain the matters to the extent necessary to permit Ms. Davis and Ms. Slay to make informed decisions regarding their representation;

(iv) R.P.C. 1.5(b) — by failing to communicate, in writing, to Ms. Davis and Ms. Slay, clients whom he had not regularly represented, the basis or rate of his fee;

(v) R.P.C. 1.15(b) — by failing to provide to Ms. Davis and Ms. Slay an accounting of services rendered when requested to do so;

(vi) R.P.C. 1.16(d) — by failing to take steps to protect Ms. Davis’ and Ms. Slay’s interests when he withdrew from representing them by failing to timely provide a refund of any unearned advance payment of fees to Ms. Davis, failing to return Ms. Davis’ file, failing to provide a refund of unearned advance payment of fees to Ms. Slay and failing to return Ms. Slay’s file; and

(vii) R.P.C. 8.4(c) — by making a misrepresentation to Ms. Slay by telling her that he had filed a bankruptcy petition on her behalf when he had not.

(7) The condition attached to the informal admonition was that respondent was required to:

[346]*346Provide to Ms. Slay an accounting of services rendered, a refund of any unearned advance payment of fees and her file;

Provide proof of such compliance to Disciplinary Counsel Suzy S. Moore within 20 days after his receipt of the January 27, 2005 letter.

(8) The January 27, 2005 letter advised respondent that failure to comply with the condition would result in a reconsideration of the matter.

(9) The January 27, 2005 letter advised respondent that he had 20 days to give written notification to Elaine M. Bixler, secretary of the Disciplinary Board, that he did not wish to accept the informal admonition and that he desired formal proceedings to be initiated.

(10) Respondent never sought to secure the vacation of the informal admonition and never requested that formal proceedings be instituted against him.

(11) The January 27,2005 letter was sent to respondent by certified mail, return receipt requested, and was returned by the U.S. Postal Service marked “unclaimed.”

(12) The January 27,2005 letter was sent to respondent by regular mail and was not returned.

(13) By notice to appeal’ dated February 25, 2005, Chief Disciplinary Counsel advised respondent that an informal admonition with condition had been scheduled for Friday, March 11, 2005.

(14) The February 25,2005 notice to appear was sent by certified mail to respondent’s registered address and was returned by the U.S. Postal Service marked “undelivered.”

[347]*347(15) The notice to appear was sent by regular mail to respondent’s registered address and was not returned by the U.S. Postal Service.

(16) On March 10,2005, respondent called the District II Office of Disciplinary Counsel and left a message advising that he was aware of the informal admonition scheduled for March 11,2005, but that it was inconvenient for him to appear.

(17) Respondent did not appear on March 11, 2004 for his scheduled informal admonition.

(18) By letter dated March 23,2005, Chief Disciplinary Counsel advised respondent that:

(a) Respondent had failed to appear on March 11, 2005;

(b) If respondent had any reason he wished to offer for not appearing at the time set for the informal admonition he should advise Chief Disciplinary Counsel within 20 days from the date of the March 23, 2005 letter;

(c) More serious disciplinary action would be initiated in the absence of receiving from respondent any explanation for not appearing for his informal admonition.

(19) Chief Disciplinary Counsel’s March 23, 2005 letter was sent by certified mail, return receipt requested, and returned by the U.S. Postal Service marked “unclaimed.”

(20) On March 24,2005, Chief Disciplinary Counsel sent to respondent, by regular mail, a letter that was in all respects identical to the March 23, 2005 letter, and the letter was not returned.

[348]*348(21) To date, respondent has not replied in any manner or attempted to contact Chief Disciplinary Counsel.

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1 Pa. D. & C.5th 342, 2006 Pa. LEXIS 2584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-disciplinary-counsel-v-walsh-pa-2006.