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Disciplinary Reporter Case Digest

Attorney ID 32706
Attorney Name Cooney, James R.
DBP Docket No. 50 DB 2005 and 57 DB 2001
Supreme Court Docket No. 990 DD No. 3
County Erie
Disciplinary Counsel Samuel F. Napoli
Counsel for Respondent None
Decision Date 2006-07-25
Effective Date 2006-07-25
Case Digest Respondent filed a Petition for Reinstatement from inactive status (57 DB 2001). In that Petition, he disclosed that while on inactive status, he had been convicted of engaging in the unauthorized practice of law. He was then suspended pursuant to Rule 214, Pa.R.D.E, and a Petition for Discipline was filed as to his conviction (50 DB 2005). The Petition for Reinstatement was heard along with the Petition for Discipline. It was determined that Respondent met his burden of proving that the conduct which led to his conviction was caused, at least in part, by his psychiatric disorder.
Rule Violation(s) Rule 203(b)(1) and 214(a), Pa.R.D.E.
Discipline Imposed One year suspension retroactive to May 19, 2005. Decision on reinstatement reserved.
Points of Law Evidence of mental illness can mitigate the discipline for criminal conduct involving the unauthorized practice of law.
Report/Opinion Download