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Disciplinary Reporter Case Digest

Attorney ID 0
Attorney Name Anonymous,
DBP Docket No. 94 DB 2005
Supreme Court Docket No.
County
Disciplinary Counsel Barbara S. Rosenberg
Counsel for Respondent Joseph A. Caprara
Decision Date 2006-01-24
Effective Date 2006-01-24
Case Digest Commencing in 2000 and continuing through 2004, Respondent failed to timely file his Annual Attorney’s Fee Form and pay his annual fee, and until 2004 paid only in time to avoid transfer to inactive status. At that time Respondent did not make payment within the final deadline and was subject to an inactive order effective in January 2004. Although he quickly rectified the situation, he was again transferred to inactive status in April 2004 for failure to comply with continuing legal education requirements, on this occasion remaining inactive for forty days. During the periods when he was inactive, Respondent engaged in the unauthorized practice of law, by appearing in court on numerous occasions as a Public Defender. Respondent offered psychological evidence that he suffered from depression when he engaged in the misconduct, the depression was a causal factor in the misconduct, he subsequently sought treatment for that disorder, and if he were to continue with such treatment the illness would be controllable.
Rule Violation(s) RPC 5.5(b) and RPC 8.4(d); Pa.R.D.E. 217(b), 217(c), 217(e), 217(h), 217(i) and 217(j); and Pa.R.D.E. 219(a), 219(d)(1), 219(d)(2) and 219(d)(3), via Pa.R.D.E. 203(b)(3)
Discipline Imposed One year stayed suspension, with probation monitor and continuing psychological treatment.
Points of Law
Report/Opinion not available