Opinion
2497 Disciplinary Docket 3 96 DB 2018
05-03-2023
OFFICE OF DISCIPLINARY COUNSEL Petitioner v. SCOTT BRIAN ALLINSON Respondent
Attorney Registration No. 46536 (Lehigh County)
ORDER
PER CURIAM
AND NOW, this 3rd day of May, 2023, upon consideration of the Verified Statement of Resignation, Scott Brian Allinson is disbarred on consent from the Bar of this Commonwealth. See Pa.R.D.E. 215. Respondent's request that the disbarment be made retroactive is denied. See Pa.R.D.E. 217(e)(1) Note. Respondent shall comply with the provisions of Pa.R.D.E. 217 and pay costs to the Disciplinary Board. See Pa.R.D.E. 208(g).
RESIGNATION UNDER Pa.R.D.E. 215
Scott Brian Allinson, hereby tenders his unconditional resignation from the practice of law in the Commonwealth of Pennsylvania in conformity with Pennsylvania Rule of Disciplinary Enforcement 215 (Pa.R.D.E.) and states as follows:
1. He is a formerly admitted attorney, having been admitted to the Bar of the Commonwealth of Pennsylvania on or about November 10, 1986 and assigned attorney registration number 46536.
2. On March 1, 2018, a federal jury found Mr. Allinson guilty of conspiracy to commit bribery in violation of 18 U.S.C. §371 and bribery/offering in violation of 18 U.S.C. §666(a)(2) in USA v. Pawlowski et a/., No. 5:17-cr-00390-JS-2, United States District Court for the Eastern District of Pennsylvania.
3. On June 22, 2018, the Supreme Court of Pennsylvania issued a Rule to Show Cause Why Mr. Allinson should not be placed on temporary suspension.
4. By letter dated June 28, 2018, Mr. Allinson's counsel, Megan Scheib, Esquire, advised this Honorable Court that Mr. Allinson consented to the temporary suspension of his license to practice law.
5. By Order dated July 12, 2018, this Honorable Court placed him on temporary suspension pursuant to Pa.R.D.E. 214(d)(2).
6. He desires to submit his resignation as a member of the Bar of the Commonwealth of Pennsylvania.
7. His resignation is freely and voluntarily rendered; he is not being subjected to coercion or duress and he is fully aware of the implications of submitting this resignation.
8. He acknowledges that he is fully aware of his right to consult with and employ counsel to represent him in this proceeding. He has retained, consulted with, and acted upon the advice of counsel, Steven E. Hoffman, Esquire, in connection with his decision to execute this resignation.
9. He is aware that there is presently pending an investigation into allegations that he is guilty of professional misconduct relating to his March 1, 2018 criminal convictions. A true and correct copy of the JUDGMENT IN A CRIMINAL CASE is attached as Exhibit A.
10. He acknowledges that the material facts upon which his professional misconduct is predicated, contained in Exhibit A, are true. 11. He submits this resignation because he knows that he could not successfully defend himself against charges of professional misconduct. 12. He is fully aware that his submission of this resignation statement is irrevocable and that he can only apply for reinstatement to the practice of law pursuant to Pa.R.D.E. 218(b) and (c).
13. He is aware that, pursuant to Pa.R.D.E. 215(c), the fact that he has tendered his resignation shall become a matter of public record immediately upon delivery of the resignation statement to Disciplinary Counsel or the Board Prothonotary.
14. Upon entry of the order disbarring him on consent, he will promptly comply with the notice, withdrawal, resignation, trust account, and cease-and-desist provisions of Pa.R.D.E. 217(a), (b), (c) and (d).
15. After entry of the order disbarring him on consent, he will file a verified statement of compliance as required by Pa.R.D.E. 217(e)(1).
16. He is aware that the waiting period for eligibility to apply for reinstatement to the practice of law under Pa.R.D.E. 218(b) shall not begin until he files the verified statement of compliance required by Pa.R.D.E. 217(e)(1).
17. He requests that the order of disbarment contain a provision that makes the disbarment retroactive to the date of his temporary suspension.
18. He is aware that Office of Disciplinary Counsel opposes retroactivity based on the fact that he did not file a verified statement required by Pa.R.D.E. 217 after the temporary suspension order was entered and he was advised by the Board Prothonotary that a respondent-attorney who fails to file a verified statement at the time of a temporary suspension should not expect a final order to include a reference to retroactivity.
19. He understands the decision whether to grant his request for retroactivity is within the Court's discretion.
It is understood that the statements made herein are subject to the penalties of 18 Pa.C.S., Section 4904 (relating to unsworn falsification to authorities).
Signed this 13th day of April, 2023.
Scott B. Allinson(Respondent)
(EXHIBIT A OMITTED)