Disciplinary Reporter Case Digest

Attorney ID 15140
Attorney Name Moore, Richard B.
DBP Docket No. 158 DB 2003
Supreme Court Docket No. 1071 DD No. 3
County Philadelphia
Disciplinary Counsel Barbara S. Rosenberg
Counsel for Respondent Samuel C. Stretton
Decision Date 2005-11-10
Effective Date 2005-12-10
Case Digest Respondent represented the elderly, unsophisticated executrix of an estate over the course of eleven years prior to the hearing. He charged excessive fees, demanded $10,000 and a $1,300 “loans” from the estate without any security or payment terms. He also failed to account for and properly remit funds received for payment of decedent’s federal income taxes, timely pay inheritance taxes and file a return, and account and to make restitution until after an award was made by the PA Lawyers Fund for Client Security. Respondent’s age, lack of prior disciplinary record, remorse, community involvement and character evidence mitigated discipline, but his psychological mitigation evidence did not meet his burden under Office of Disciplinary Counsel v. Braun.
Rule Violation(s) 1.1, 1.3, 1.4(a), 1.4(b), 1.5(b), 8.4(c)
Discipline Imposed Two year suspension
Points of Law Where Respondent “basically helped himself to monies and characterized them as a loan to the unsuspecting, trusting executrix, no less than a two year suspension is appropriate.”
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