Disciplinary Reporter Case Digest
| Attorney ID | 33850 |
|---|---|
| Attorney Name | Banik, Stephen J. |
| DBP Docket No. | 129 DB 2000 |
| Supreme Court Docket No. | 789 D.D. No. 3 |
| County | Tioga |
| Disciplinary Counsel | Patti S. Bednarik |
| Counsel for Respondent | William A. Hebe |
| Decision Date | 2002-12-17 |
| Effective Date | 2003-05-15 |
| Case Digest | Respondent retained funds belonging to a third party without authorization. Respondent submitted a request to be a designated payee for purposes of receiving SSI benefits for Complainant who suffered a mental disability. In the request,Respondent affirmed that Complainant did not owe him any money and he did not expect any money from the benefits. |
| Rule Violation(s) | 1.15(a); 8.4(c) |
| Discipline Imposed | Public Censure |
| Points of Law | A lawyer who serves as a Social Security designated payee violates RPC 1.15(a) by failing to render accounting for those funds to the Social Security Administration. A lawyer who asserts that money not delivered to a client was a loan or payment for past legal services will be expected to produce documentation to corroborate those claims. |
| Report/Opinion | Download |