Opinion
No. 111 DB 2016 File No. C4-15-666
08-03-2016
OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. BRIAN SCOTT QUINN Respondent
Attorney Registration No. 92065 (Allegheny County)
ORDER
AND NOW, this 3rd day of August, 2016, in accordance with Rule 208(a)(5), Pa.R.D.E., the determination by a Review Panel of the Disciplinary Board of the above captioned matter is accepted; and it is
ORDERED that the said BRIAN SCOTT QUINN of Allegheny County be subjected to a PUBLIC REPRIMAND by the Disciplinary Board of the Supreme Court of Pennsylvania as provided in Rule 204(b) and Rule 205(c)(8) of the Pennsylvania Rules of Disciplinary Enforcement.
Costs shall be paid by the Respondent.
BY THE BOARD:
/s/_________
Board Chair TRUE COPY FROM RECORD
Attest: /s/_________
Elaine M. Bixler, Secretary
The Disciplinary Board of the
Supreme Court of Pennsylvania PUBLIC REPRIMAND
Brian Scott Quinn, you stand before the Disciplinary Board, your professional peers and members of the public for the imposition of a Public Reprimand. It is an unpleasant task to publicly reprimand one who has been granted the privilege of membership in the bar of this Commonwealth. Yet as repugnant as this task may be, it has been deemed necessary that you receive this public discipline.
Mr. Quinn, you are being reprimanded today in connection with your unauthorized practice of law. By Order of March 10, 2015, the Supreme Court of Pennsylvania administratively suspended you pursuant to Pennsylvania Rule of Continuing Legal Education 111(b). The effective date of the order was April 9, 2015. On March 10, 2015, a certified mailing was sent to your registered attorney address from the Disciplinary Board Attorney Registrar, informing you of the Supreme Court Order and your obligations pursuant to the Order.
Thereafter, you failed to comply with Rule 217 of the Pennsylvania Rules of Disciplinary Enforcement, which required you, as a formerly admitted attorney, to file a certified statement of compliance with the Board and take steps to disengage from the practice of law.
By letter dated April 10, 2016, Office of Disciplinary Counsel informed the Allegheny County Court of Common Pleas President Judge Jeffrey Manning, that you had been placed on administrative suspension. The letter was copied to you and you received it during the week of April 13, 2015.
Throughout the time period of April 9, 2015 to August 24, 2015, you were employed as an associate attorney with the Joanow Legal Group. In this employment, you were supervised by Attorney Michael A. Joanow. At the time you received the April 10, 2015 letter from Office of Disciplinary Counsel, you did not inform Mr. Joanow that you had been administratively suspended and were not permitted to practice law. You failed to inform Mr. Joanow of your suspension until August 24, 2015.
Although you completed the Continuing Legal Education ("CLE") hours required for reinstatement by June 5, 2015, you did not contact the CLE Board at that time and request that they certify your compliance.
During the period of April 9, 2015, the effective date of your administrative suspension through August 24, 2015, you practiced law while administratively suspended. You met with clients, spoke with opposing counsel, settled cases, attended hearings and attended depositions:
1. On April 20, 2015, in your capacity as an attorney, you appeared in court at a status conference in a matter involving John Harkulich;
2. In May 2015, in your capacity as an attorney, you appeared at various social security hearings on behalf of clients, including Jason Cochenour, Sandra McCarl, and Michael Banic;
3. On June 2, 2015, in your capacity as an attorney, you represented Janet Kurtanic in regard to a mediation;
4. In July 2015, in your capacity as an attorney, you represented Jim Neal and David Beer at social security hearings;
5. On August 19, 2015, in your capacity as an attorney, you represented Robert Vaughan at a deposition.
At the time of the court appearances and deposition, you did not have an active law license, were not permitted to practice law in Pennsylvania, and did not inform your clients, opposing counsel or the court of your administrative suspension.
During your period of administrative suspension, you failed to promptly cease and desist from using all forms of communication that expressly or implicitly conveyed eligibility to practice law.
On or about August 19, 2015, you contacted the CLE Board and requested certification to the Disciplinary Board that you had complied with CLE requirements.
During a telephone conversation with Mr. Joanow the week of August 24, 2015, you told Mr. Joanow that you "recently discovered" that you were on administrative suspension, and that you had been unaware of your status. This was a misrepresentation, as you had been notified of your administrative suspension by the Disciplinary Board by letter of March 10, 2015.
In August 2015, you reported your unauthorized practice of law to Office of Disciplinary Counsel.
Your conduct in this matter has violated the following Rules of Professional Conduct ("RPC") and Pennsylvania Rules of Disciplinary Enforcement ("Pa.R.D.E."):
1. RPC 5.5(a) - A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another person in doing so.
2. RPC 5.5(b)(2) - A lawyer who is not admitted to practice in this jurisdiction shall not hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.
3. RPC 8.4(c) - It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation.
4. Pa.R.D.E 217(a), 217(b), 217(c)(1), 217(c)(3), 217(d)(2), 217(e)(1), 217(j)(4)(i), 217(j)(4)(v), 217(j)(4)(vi), 217(j)(4)(vii), 217(j)(4)(viii), and 217(j)(4)(ix) - During the time period of April 9, 2015 to September 2, 2015, as a formerly admitted attorney, you failed to comply with the requirements set forth in these subsections of Rule 217, which included giving prompt notice of your administrative suspension to clients, the court, opposing attorneys and agencies, filing a verified statement with the Secretary of the Board, ceasing to hold yourself out as an attorney in good standing and ceasing to engage in any form of law-related activities.
We note that you were admitted to the bar of this Commonwealth in 2003 and have never been the subject of professional discipline in any other matters.
Mr. Quinn, your conduct in this matter is now fully public. This Public Reprimand is a matter of public record. As you stand before the Board today, we remind you that you have a continuing obligation to abide by the Rules of Professional Conduct and Pennsylvania Rules of Disciplinary Enforcement. Pennsylvania lawyers will not be permitted to engage in conduct that falls below professional standards. Be mindful that any future dereliction will subject you to disciplinary action.
This Public Reprimand shall be posted on the Disciplinary Board's website at www.padisciplinaryboard.org.
/s/_________
Designated Member
The Disciplinary Board of the
Supreme Court of Pennsylvania Administered by a designated panel of three Members of The Disciplinary Board of the Supreme Court of Pennsylvania, at Pittsburgh, Pennsylvania, on January 5, 2017.
ACKNOWLEDGMENT
The undersigned, Respondent in the above proceeding, herewith acknowledges that the above Public Reprimand was administered in his presence and in the presence of the designated panel of The Disciplinary Board at 437 Grant Street, Frick Building, Suite 1300, Pittsburgh, Pennsylvania, on January 5, 2017.
/s/_________
Brian Scott Quinn