Disciplinary Reporter Case Digest

Attorney ID 92235
Attorney Name Burke , Michael J.
DBP Docket No. 1 DB 2009
Supreme Court Docket No. 1518 DD No. 3
County Philadelphia
Disciplinary Counsel Harriet R. Brumberg
Counsel for Respondent John Rogers Carroll
Decision Date 2009-08-31
Effective Date 2009-09-30
Case Digest Respondent engaged in neglect in four matters. Respondent failed to diligently handle client matters; communicate with his clients; provide timely discovery, resulting in him being held in contempt of court; supervise his paralegal, who took money from a client he failed to represent; and insure that there was adequate funds in his IOLTA account so his check would not be returned for insufficient funds. Respondent provided medical reports thoroughly documenting his history of major depression and establishing a causal connection between the depression and the misconduct. Respondent has received two Informal Admonitions for neglect and related misconduct. Respondent was suspended for one year and one day, retroactive to the date Respondent was placed on voluntary inactive status, and ordered to reimburse client for unearned fee within thirty days of Supreme Court Order.
Rule Violation(s) RPC: 1.1; 1.3; 1.4(a)(2); 1.4(a)(3); 1.4(a)(4); 1.4(b); 1.15(a); 3.2; 4.1(a); 5.3(a); 5.5(b); 8.4(c); 8.4(d)
Discipline Imposed Suspension for one year and one day, retroactive to inactive status; restitution
Points of Law The Disciplinary Board may consider the following factors in determining the appropriate quantum of discipline in serial neglect cases: number of matters neglected; misconduct committed in addition to the neglect; history of discipline; and cooperation with disciplinary authorities, including agreeing to immediate voluntary inactive status.
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