Wednesday, December 4, 2013
An attorney admitted to practice in Pennsylvania and New Jersey, but not in Delaware, was suspended for one year by the Delaware Supreme Court.
The attorney had engaged in unauthorized practice in representing approximately 75 personal-injury plaintiffs in Delaware.
The attorney met the clients in a doctors office and never advertised or solicited for Delaware clients, which comprized about 10-15% of his practice. He either settled the cases or had suit filed by Delaware counsel. He never actually appeared in a Delaware court or pleading.
The court rejected the attorney's claim that he should have been prosecuted by the Board on the Unauthorized Practice of Law rather than the Board on Professional Responsibility. The court also rejected claims that the sanctions recommended violated Equal Protection and the "goals of attorney discipline."
The order also prohibits the attorney from providing advice to any Delaware clients for a year and seeking pro hac admission for three years.
The court noted that there was "no harm" to any client. (Mike Frisch)