Stealing From Brother Gets Lawyer Disbarred

The Pennsylvania Supreme Court disbarred an attorney who had defaulted on ethics charges relating to the handling of the estate of his uncle.

The Disciplinary Board

Respondent incompetently represented the Helfrich Estate and demonstrated an absolute lack of diligence and professionalism, compelling his brother Paul Kerins, the complainant herein, to file a Petition for Removal. At the hearing on the Removal Petition, Respondent made misrepresentations to the court regarding the status of the estate accounts. After being removed as Executor, Respondent exacerbated his misconduct by failing to cooperate in the transfer of the Estate file to Paul Kerins. After appearing at the October 31, 2013 hearing, Respondent thereafter ignored numerous attempts to communicate with him. necessitated Judge Hughes to hold him in contempt. Respondent’s actions

Respondent misappropriated, converted or misapplied a minimum of $36,626.15 belonging to the Helfrich Estate. Respondent paid himself in his capacity as executor and attorney the sum of $48,873.15, notwithstanding the fact that his neglect and lack of diligence caused his removal as Executor.

A formal audit was held, which Respondent chose not to participate in, and the court thereafter reduced Respondent’s total fee to $25,000.00. Respondent also misappropriated $8,750.00 of his brother’s share of the inheritance and cash in the amount of $4,003 that was found in the decedent’s house and not properly deposited.

Respondent has shown the same contempt for the disciplinary system that he showed to the court system by failing to participate at any level in the proceedings. He failed to submit a response to the DB-7 letter of inquiry, failed to answer the Petition for Discipline, failed to appear at the prehearing conference and failed to appear at the disciplinary hearing. The record is clear that proper notification was given to Respondent concerning these proceedings.

(Mike Frisch)