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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