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Disciplinary Reporter Case Digest

Attorney ID 35665
Attorney Name Sye-Payne, Vivian A.
DBP Docket No. 142 DB 2004
Supreme Court Docket No. 1130 DD No. 3
County Philadelphia
Disciplinary Counsel Harriet R. Brumberg
Counsel for Respondent Samuel C. Stretton
Decision Date 2006-04-17
Effective Date 0000-00-00
Case Digest During a two year time frame, in four client matters, attorney failed to: act with reasonable diligence; communicate; attend scheduled hearings; and return unearned fees. There were substantial aggravating factors: prior record of private discipline; failure to show remorse; lack of candor to the hearing committee; poor office management; blaming others for her wrongdoing; open liens and judgments; and failure to refund unearned fee. Mitigating factors included health problems and good character witnesses.
Rule Violation(s) RPC: 1.3; 1.4(a); 1.4(b); 1.15(a); 1.15(b); 1.16(a)(2); and 1.16(d)
Discipline Imposed Suspension for one year and one day
Points of Law • Respondent cannot attribute her poor performance to her poor health. • Precedent establishes that attorneys who engage in multiple acts of client neglect and who have a prior record of discipline are candidates for suspension of one year and one day. • Respondent must be able to manage her case load and law office properly if she wishes to avoid future disciplinary actions.
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