Office of Disciplinary Counsel v. Neil
Office of Disciplinary Counsel v. Neil
Opinion of the Court
On September 10,2003, petitioner, Office of Disciplinary Coun
In accordance with the order of the Supreme Court, a three-member panel of the Disciplinary Board was constituted. On July 12,2004, Disciplinary Board Members Martin W. Sheerer, Esquire, Donald E. Wright Jr., Esquire, and William A. Pietragallo, Esquire, conducted a hearing solely on the issue of the appropriate sanction to be imposed for the respondent’s contempt of the Supreme Court. Respondent was personally served on June 25, 2004, with notice of the hearing. Respondent was aware of the date of the hearing. Respondent discussed with Attorney Mark Weitzman of the Office of Disciplinary
Respondent was admitted to the practice of law in 1982. He was transferred to inactive status pursuant to Rule 111(b), Pa.R.C.L.E. by order of the Supreme Court dated March 25,2003, effective April 24,2003, for failure to comply with the annual Continuing Legal Education requirements. By letter of March 25, 2003, sent to respondent by Elaine M. Bixler, executive director and secretary of the Disciplinary Board, respondent was informed of his transfer to inactive status and his obligation to comply with the rules regarding attorneys on inactive status. Respondent was further informed that in order to resume active status he was required to request reinstatement. The return receipt card reflected that respondent signed the card and received Ms. Bixler’s letter. Respondent’s transfer to inactive status was published on May 9, 2003, in the Erie County Legal Journal and on April 30, 2003, in the Erie Times-News.
The record demonstrates that, although respondent had knowledge that he had been transferred to inactive status, he continued to represent three clients in ongoing legal matters, accepted a retainer of $400 from a new client, and represented three new clients in legal matters. In total, respondent continued to practice law in six matters. The petition for adjudication of contempt sets
The circumstances of this matter are aggravated by respondent’s failure to appear for the hearing and his disciplinary history of two informal admonitions. Respondent received informal admonitions in May 1997 and October 2002 for neglect of client matters.
Petitioner made a recommendation of a one year and one day suspension.
After careful consideration of the facts of this matter, the board panel is persuaded that a one year and one day suspension is an appropriate sanction to address the misconduct in this matter. Respondent violated a Supreme Court order, which prohibited him from practicing law until he was in compliance with the CLE credits requirements and was reinstated by the court. Respondent had knowledge of the order both by certified letter and publication. Respondent chose to not appear and defend himself, instead informing petitioner that “what will happen will happen.”
The appropriate sanction is a suspension of one year and one day.
ORDER
And now, December 22,2004, upon consideration of opinion and recommendation of the three-member panel
Reference
- Status
- Published