| Attorney ID |
45980 |
| Attorney Name |
Harris , David Clement |
| DBP Docket No. |
205 DB 2009 |
| Supreme Court Docket No. |
1604 DD No. 3 |
| County |
Philadelphia |
| Disciplinary Counsel |
Harriet R. Brumberg |
| Counsel for Respondent |
Michael W. Kiernan |
| Decision Date |
2010-06-02 |
| Effective Date |
2010-07-01 |
| Case Digest |
Respondent was the Executor for the Estate of an elderly, childless widow who was in a nursing home. Respondent mishandled the administration of the Estate and failed to act with reasonable diligence in administering the Estate. Respondent also paid himself an illegal and excessive fee of $37,702, or 40% of the gross Estate.
As part of the negotiated Discipline on Consent, Respondent agreed to voluntarily resign as the Executor, cooperate with the successor administrator and the Attorney General as parens patriae for charitable interests, and make full restitution to the Estate.
|
| Rule Violation(s) |
RPC 1.3; RPC 1.5(a); RPC 1.15(a); 1.15(b); RPC 1.15(c); RPC 1.15(e); RPC 7.1; RPC 7.5(a); RPC 8.4(b); RPC 8.4(c); RPC 8.4(d); and Pa.R.D.E. 203(b)(3) via Pa.R.D.E. 219(d)(1)(iii). |
| Discipline Imposed |
Suspension for 3 years (on consent) |
| Points of Law |
A three-year suspension is within the range of discipline for attorneys who mismanage an estate and mishandle entrusted funds. Respondent’s resignation from being the Executor of the Estate, agreement to cooperate with the successor administrator and Attorney General’s Office, and agreement to pay restitution to the estate are mitigating factors. |
| Report/Opinion |
Download |
