[J-106-2019] IN THE SUPREME COURT OF PENNSYLVANIA

OFFICE OF DISCIPLINARY COUNSEL, : No. 2624 Disciplinary Docket No. 3 : Petitioner : No. 166 DB 2017 : : Attorney Registration No. 71711 v. : : (Snyder County) : FRANK G. FINA, : : Respondent : ARGUED: November 20, 2019

CONCURRING AND DISSENTING STATEMENT JUSTICE DOUGHERTY DECIDED: FEBRUARY 19, 2020 I agree with the learned Majority that respondent Frank G. Fina violated Pa.R.P.C.

3.10. I respectfully disagree, however, that the present circumstances warrant as severe a sanction as the recommended suspension of one year and one day. See, e.g., Office of Disciplinary Counsel v. Cynthia Baldwin, __ A.3d __, 2587 DD3 (Pa. February 19, 2020) (imposing disciplinary sanction of public reprimand for multiple rule violations after balancing attorney’s lack of prior disciplinary history against her lack of remorse). I therefore dissent from the Court’s order.