Friday, April 3, 2009
The Pennsylvania Supreme Court reinstated an attorney who had been suspended for two years in 2005. The attorney had mishandled an estate matter, charged excessive fees to the estate and had demanded loans from the estate without security or set terms for repayment.
One issue that arose during the reinstatement proceeding involved evidence that he had acted as the executor of two estates while he was suspended. He had provided notice that he was a suspended attorney, been advised by counsel (who also represented him in the reinstatement) that he could serve as an executor, and in both matters the beneficiaries agreed that he had not charged excessive fees and expressed satisfaction with his services. According to the appended report of the Disciplinary Board: "[his] actions [as executor] do not mirror those that resulted in his suspension, nor do they pose an obstacle to reinstatement. " (Mike Frisch)