Kidney Punch
The Pennsylvania Supreme Court imposed a five-year suspension for misconduct in a matter in which he had (relentlessly and incompetently) represented his spouse in a civil case
It is evident that Respondent lacked the requisite knowledge and competence to conduct litigation generally, and filed numerous pleadings, motions and interlocutory appeals both improperly and on baseless grounds, in violation of RPG 1 .1. The most blatant example is Respondent’s failure to file post-trial motions after the Breach of Contract trial. His many frivolous filings and bad faith efforts violated RPG 3.1, 3.2 and 3.4(c) by relentlessly abusing the judicial system during and following the Breach of Contract Action. His actions demonstrated his penchant for re-litigating issues that had already been determined during the prior litigations. Respondent’s failure to comply with the Civil and Appellate Rules of Procedure and his inability to appreciate legal precedent have caused needless hours and expenses for lawyers, adverse parties and judges. All of the actions initiated by Respondent have been rejected by the Pennsylvania courts, including the Pennsylvania Supreme Court.
Respondent needlessly and baselessly impugned the integrity of two judges during the course of the multiple proceedings, in violation of RPC 8.2(a). He questioned President Judge Kenney’s competency in the law: “somebody needs to wake up Judge Kenney!” Respondent also made allusions that Judge Durham was removed prior to the Breach of Contract Action because of improper conduct. In addition to suggesting that these judges were not competent, Respondent sued the Court Administrator of Delaware County in the wrong forum, for merely doing his job…
In examining the record before us, we find multiple aggravating factors. Respondent’s actions were not isolated nor relegated to a short period of time. Rather, his misconduct has spanned years. Respondent has continued to display an unrepentant attitude even though no court has yet to agree with his interpretation of the law and facts. The record is devoid of evidence that Respondent has advised his client to accept the court’s appellate decisions. His unwavering belief that his version of events is correct has propelled the baseless lawsuits, motions, pleadings and other claims over what Respondent has admitted is his quest to recover his client’s $1 ,414.00 expenditure for carpeting. Our analysis of Respondent’s behavior leads us to conclude that his ultimate interest is to frustrate the Seller’s ability to be granted appropriate relief through the legal system. The record contains no assurance that Respondent intends to cease his relentless, overzealous prosecution of his claims.
During the course of the disciplinary proceedings, Respondent referenced his kidney condition in general terms. He did not present any evidence or factual testimony concerning the effect, if any, his kidney problems and medications had on him. Respondent has not shown that he is entitled to mitigation for his kidney issues. Office of Disciplinary Counsel v. Braun, 553 A.2d 894 (Pa. 1989). We do, however, find mitigation in Respondent’s lack of previous discipline and his community service.
(Mike Frisch)