| Attorney ID |
0 |
| Attorney Name |
Anonymous, |
| DBP Docket No. |
77 DB 2001 |
| Supreme Court Docket No. |
|
| County |
|
| Disciplinary Counsel |
David M. Lame |
| Counsel for Respondent |
Martin M. Scoratow |
| Decision Date |
2004-04-20 |
| Effective Date |
2004-04-20 |
| Case Digest |
It was originally determined that Respondent receive an Informal Admonition with the attached conditions of a refund and an accounting to the client. Respondent failed to comply with the condition and the Informal Admonition was postponed on 2 occasions to permit Respondent’s compliance. Respondent failed to comply and formal charges were initiated. At the hearing, Respondent’s counsel raised Respondent’s psychological disorder as possible mitigation for Respondent’s non-compliance with the condition attached to the Informal Admonition. At hearing Respondent offered the testimony of a Board Certified psychiatrist. ODC successfully argued that the psychiatrist was not competent to provide the causal connection between the misconduct and the disorder as required under Braun. While no mitigation pursuant to Braun was given to Respondent, the Disciplinary Board concluded that the doctor’s testimony was prospectively useful in determining that Respondent would benefit from probation so long as Respondent did not actively practice or represent private clients. (Respondent is employed in a supervisory capacity for a county agency and does not maintain an active client base.) |
| Rule Violation(s) |
RPC 8.4(d), Rules 203(b)(2) and 204(b), Pa. R.D.E and as a result of his non-compliance with conditions attached to the Informal Admonition RPC 1.4(a), RPC 1.4(b) and RPC 1.16(d) |
| Discipline Imposed |
6-month suspension stayed in its entirety, 2 years probation with the appointment of a mental health monitor. |
| Points of Law |
Mental health monitor was appointed to ensure Respondent’s compliance with the existing treatment program including coordination of Respondent’s treatment if necessary. Respondent must immediately report to the Executive Director and Secretary if Respondent resumes the active practice of law or represents private clients so the Board may, if appropriate, impose additional conditions on Respondent’s probation. |
| Report/Opinion |
not available |
