| Description: |
Michael J. Harris (WSBA No.18240, admitted 1988), of Pennsylvania, was suspended for 90 days, effective February 25, 2003, by order of the Supreme Court, following a hearing. This discipline is based on his failure to diligently represent and reasonably communicate with a client, and conduct involving misrepresentation from between 1996 and 1998.
In 1996, Mr. Harris represented the mother in a child custody trial and appeal. The client’s mother paid Mr. Harris $7,500 for the appeal and transcripts. Mr. Harris told the mother that none of the $7,500 would be applied to outstanding attorney’s fees from the trial. Mr. Harris timely filed the notice of appeal. The court sanctioned Mr. Harris three times for late filings between January and May 1997. In June, the Court moved to conditionally dismiss the appeal and again sanctioned Mr. Harris for failing to file his client’s brief. Following an additional sanction in August, the court dismissed the client’s appeal. During 1997 and 1998, Mr. Harris told the client that he was waiting for the opposing party’s brief. The client learned of the dismissal in 1998 and discussed this with Mr. Harris. Mr. Harris told the client he did not know about the dismissal and that the court had made a mistake. Mr. Harris told the client he had applied the mother’s money to the trial bill, including an additional amount she paid for transcripts—an item already included in the original payment.
Mr. Harris’ conduct violated RPCs 1.3, requiring lawyers to act with reasonable diligence and promptness; 1.4, requiring lawyers to reasonably communicate with clients about the status of their matters; 3.2, requiring lawyers to ; and 8.4(c), prohibiting lawyers from engaging in conduct involving , fraud, deceit and misrepresentation.
Anthony Butler and Randy Beitel represented the Bar Association. Mr. Harris represented himself. Teena M. Killian was the Hearing Officer.
|