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In re Member of the Bar of the Supreme Court of the State9/6/2000
Submitted: July 25, 2000
Upon Review of the Report of the Board on Professional Responsibility. Findings of Violations Affirmed. Public Reprimand and Probation.
The matter before the Court is a lawyer disciplinary proceeding. This Court has weighed the findings of the Board on Professional Responsibility (Board), the aggravating and mitigating factors, the ABA Standards for Imposing Lawyer Sanctions, and other disciplinary cases. A central determination in this case is whether the specific instances of misconduct found in the current case, when juxtaposed with the lawyer's prior record of ethical violations, constitutes a "pattern" of neglect warranting the imposition of the sanction of suspension. We hold that the record in this case does not establish a "pattern."
A panel of the Board issued its Final Report with regard to two cases of professional misconduct involving the respondent, Dennis A. Reardon. Based upon the stipulation of facts presented jointly by Reardon and the Office of Disciplinary Counsel (ODC), in addition to testimony presented at a hearing, the Board found that Reardon's conduct in both cases violated Rule 1.3 of the Delaware Lawyers' Rules of Professional Conduct (DLRPC). The Board recommended that Reardon be suspended from the practice of law for six months to be followed by a two year period of probation subject to certain conditions including a practice monitor and quarterly reporting. Additionally, the Board recommended permanent limitations on Reardon's practice of law.
Reardon filed in this Court objections to the Board's Final Report, contending that the sanction of suspension recommended by the Board was inappropriate. ODC responded to Reardon's objections. After hearing oral argument, the Court requested the parties to submit supplemental briefing on the issue of sanctions specifically considering the ABA Standards for Imposing Lawyer Sanctions (ABA Standards) and decisions applying the ABA Standards.
Upon careful consideration of all of the parties' submissions, the Court has determined that the Board's findings of violations should be accepted. The Court has further determined that the following sanctions should be imposed: (a) a public reprimand; (b) a two year period of public probation subject to certain strict terms, conditions, and limitations; and (c) the institution of permanent conditions and limitations on Reardon's practice of law in the future.
Facts
ODC filed a petition with the Board alleging eight counts of violations of the DLRPC by Reardon in two separate matters. Reardon filed an answer to the petition and the parties entered into a conditional admission in which Reardon admitted two counts of the eight count petition. The parties also presented to the Board an order of discipline by consent, which proposed limitations on Reardon's practice, a public reprimand, and a one year public probation. The Board accepted the conditional admission and the proposed order of discipline by consent and submitted its recommendation to this Court. Upon review pursuant to Rule 9(e) of the Rules of the Board on Professional Responsibility, this Court did not accept the conditional admission and proposed order of discipline by consent. Accordingly, the matter was remanded for a new hearing before a new panel. At the second hearing, the ODC and Reardon again presented the Board with a stipulation of facts with respect to both matters.
The following statement of facts is taken from the Board's Final Report:
I. Board Case No. 68, 1997 [Atlantic Roofing Case]
In 1994, John T. Evans (Evans), trading as Atlantic Roofing Company (Atlantic), filed suit aga
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