Wake-Up Call
The Pennsylvania Supreme Court has reinstated an attorney who had consented to disbarment in 2010
From the favorable Disciplinary Board recommendation
In 2007-2008, Staub was charged with two serious acts of misconduct. In one case, he was charged with the misappropriation of $108,510 from an escrow account that had been created to hold the proceeds of the marital home in a divorce matter. In order to cover for this misappropriation, Staub falsified reports and misrepresented facts to the court. ODC-1.
During investigation of the initial matter, a second matter was identified and Staub was charged with mishandling an oil & gas investment matter in which his clients lost approximately $115,000. ODC-1.
On March 29, 2010, Staub pled guilty to one count of theft by deception on the misappropriation and pled nolo contendere to the investment matter. ODC-1 When Judge Cashman asked him why he was pleading guilty to the misappropriation, Staub responded “because I am guilty.” Reinstatement Questionnaire, Exhibit 4c, p. 5 of the criminal transcript.
He had a DUI in 2018.
As to causing the accident that injured another and resulted in his conviction, Staub expressed remorse. N.T. 64, 65. He testified that he was “mostly afraid that I might have hurt somebody or killed someone.” N.T. 74
This was his second petition for reinstatement
The unrebutted evidence is that Staub has pursued steady employment, entered into a happy and financially and emotionally supportive new marriage, maintained excellent relations with his ex-wife and daughter, sees his young son as often as possible, is current on his taxes and child support payments, and lives within his means. The car accident served as a “wake-up call” to him and his focus on his own health and well-being is better than ever. Here, the unrebutted testimony establishes that Staub does not have a drinking problem; there is not a culture of drinking at the law firm; Staub does not currently ever drink and drive; he completed the full treatment program, paid all fines, and paid damages to the other party. He has shown clear remorse for the DUI accident (“I was mostly afraid that I might have hurt or killed someone”). The Board has credited efforts to improve mental and physical health as evidence of rehabilitation.
A good witness
Finally, Staub’s former wife, Ms. Kleeb, has been practicing law in Pennsylvania for more than 20 years and is currently an administrative law judge in the Social Security Administration. She testified that she and Staub share a warm relationship and that she considers him a very good friend and a reliable and amazing father. With full knowledge of the original conduct that led to Staub’s disbarment, she considers him now to be an honest person. She testified that Staub has turned his life around and that the 2018 accident served as an awakening for Staub, leading him to make changes both mentally and physically to become a healthier person.
Conclusion
Upon this record, we conclude that Staub has met his reinstatement burden by clear and convincing evidence. Staub is fit to resume the practice of law in the Commonwealth, as he is morally qualified, competent, and learned in the law. Because Staub has amply demonstrated his qualifications, we further conclude that his reinstatement will not be detrimental to the integrity and standing of the bar or the administration of justice, nor subversive of the public interest.
(Mike Frisch)