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Disciplinary Reporter Case Digest

Attorney ID 23292
Attorney Name Cecchetti , Frank Louis
DBP Docket No. 139 DB 2007 and 7 DB 2008
Supreme Court Docket No. 1423 DD N9 3
County Allegheny
Disciplinary Counsel Samuel F. Napoli
Counsel for Respondent Ernest Simon
Decision Date 2008-11-18
Effective Date 2008-12-18
Case Digest This case involved two separate matters. In the first, Respondent engaged in a lack of diligence and failure to adequately communicate with regard to a civil action which he had filed on behalf of a client. His conduct resulted in the dismissal of the action. In the second, he engaged in similar conduct concerning an estate matter, which caused significant delay in that case. Respondent had a prior disciplinary history of an informal admonition, a private reprimand, and a public censure, all for similar misconduct. The misconduct in this case occurred while Respondent was the subject of other disciplinary proceedings. Respondent provided evidence in mitigation that he was suffering from Dysthymic Disorder, a form of depression, which was a causal factor to his misconduct. The discipline in this case was pursuant to a Joint Petition in Support of Discipline on Consent.
Rule Violation(s) RPC 1.3, 1.4(a)(3), and 1.4(a)(4)
Discipline Imposed Suspension for one year and one day, stayed with two years probation.
Points of Law While misconduct involving lack of diligence and lack of proper communication by an attorney with a significant history of similar misconduct warrants suspension of one year and one day, such suspension may be stayed if there is mitigation of a psychiatric disorder which was a casual factor to the misconduct.
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