An Aggressive Marketing Strategy Gets An Attorney Suspended In Two Places
A reciprocal one-year suspension has been imposed by the New Jersey supreme Court based on an identical Pennsylvania suspension.
From the report of the Disciplinary Review Board
The Joint Petition set forth the factual basis for respondent’s multiple Pennsylvania RPC violations. Specifically respondent agreed that, by letter dated November 10, 2011, he “reach[ed] out” to Dwayne Stevens, an employee with the First Judicial District of Pennsylvania, Curran-Fromhold Correctional Facility, Bail Unit, in an effort to expand his criminal defense practice. The letter requested an opportunity for respondent to speak to Stevens “about the prospect of a mutually beneficial busines~ relationship.” Respondent suggested they meet for lunch and, to that end, gave Stevens his phone number.
On December 26, 2011, respondent sent similar letters to eight clerical assistants assigned to the bail unit in pretrial services at the Criminal Justice Center. In addition to proposing the same “mutually beneficial business relationship,” respondent explained that he was “trying to find out who posts bail in Philadelphia so that [he] can follow up on [his] end.” Further, he acknowledged that, although the requested information might be public, he was hoping they would expend the minimal effort and assist him.
During the week of January 2, 2012, respondent approached Brittany Baggio, a court employee, at the information counter at the Criminal Justice Center in Philadelphia. He asked her to take a stack of his business cards and keep them at the information counter so she could distribute them to anyone looking for a lawyer. He also offered to pay Baggio if she gave a card to a prospective client who eventually retained his services. He suggested she give her name to the client or put her initials on the back of the card so he would know the source of the referral. He said the arrangement was “just between” them. Baggio refused to accept the stack of cards. Nevertheless, he placed the stack of business cards on the information counter and left. Prior to January i0, 2012, he returned to the information counter and left a stack of his business cards with a different court employee.
Judge John W. Herron, Administrative Judge of the Court of Common Pleas, Trial Division, conduct and, by letter dated respondent explain the improper became aware of respondent’s January 4, 2012, requested solicitation of referrals contained in the letters he sent to court personnel. Further, Judge Herron requested the names of all individuals to who respondent had made offers of compensation in exchange for business. Respondent was suspended from the court-appointed attorney list for the First Judicial District.
For this conduct, the Joint Petition established that respondent violated Pennsylvania RPC 5.4(a), RPC 7.3(a)I, RPC 8.4(a), RPC 8.4(c) and RPC 8.4(d).
The Joint Petition found, as an aggravating factor, that respondent “had been employed by the First Judicial District as a Juvenile Probation Officer since 2003, [and] was terminated from his employment for failing to return to work.” As to the mitigation, the parties agreed that respondent admitted his misconduct and had been practicing law for only three years.
For these violations, the parties agreed that a one-year suspension was the appropriate discipline, followed by a oneyear period of probation (with conditions). According to the OAE’s brief, respondent “properly self-reported his Pennsylvania discipline” to the New Jersey disciplinary authorities.
(Mike Frisch)