Opinion
2472 Disciplinary Docket 3 62 DB 2018
03-08-2023
OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. LORI A. REXROTH, Respondent
Attorney Registration No. 66308 (Lycoming County)
ORDER
PER CURIAM
AND NOW, this 8th day of March, 2023, upon consideration of the Verified Statement of Resignation, Lori A. Rexroth is disbarred on consent from the Bar of this Commonwealth, retroactive to July 25, 2018. See Pa.R.D.E. 215. 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).
BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA
OFFICE OF DISCIPLINARY COUNSEL, Petitioner
v.
LORI A. REXROTH, Respondent
No. 2472 Disciplinary Docket No. 3
No. 62 DB 2018
Attorney Registration No. 66308 (Lycoming County)
RESIGNATION UNDER PA.R.D.E. 215
LORI A. REXROTH, hereby tenders her unconditional resignation from the practice of law in the Commonwealth of Pennsylvania in conformity with Rule 215 of the Pennsylvania Rules of Disciplinary Enforcement ("Enforcement Rules"), and further states as follows:
1. She is an attorney admitted in the Commonwealth of Pennsylvania, having been admitted to the bar on or about December 18,1992. Her registration number is 66308.
2. She desires to submit her resignation as a member of said bar.
3. Her resignation is freely and voluntarily rendered; she is not being subjected to coercion or duress and she is fully aware of me implications of submitting this resignation.
4. She acknowledges that she is fully aware of her right to consult and employ counsel to represent her in the instant proceeding. She has decided not to retain counsel in connection with her decision to execute the within resignation.
5. She is aware that there is presently pending an investigation into allegations that she has engaged in misconduct, as more fully set forth in the Joint Petition for Temporary Suspension, filed April 24, 2018, which resulted in the Court's July 25, 2018, Order of Temporary Suspension. A true and correct copy of the Petition and Order are attached hereto and incorporated herein as "Exhibit A" and "Exhibit B" respectively.
6. She acknowledges that the material facts set forth in the aforementioned Exhibit A are true.
7. She is submitting the within resignation because she knows that she could not successfully defend herself against the charges of professional misconduct set forth in the attached Exhibit A.
8. She is fully aware that the submission of this Resignation Statement is irrevocable and that she can only apply for reinstatement to the practice of law pursuant to the provisions of Enforcement Rule 218(b) and (c).
9. She is aware that pursuant to Enforcement Rule 215(c), the fact that she has tendered this resignation shall become a matter of public record immediately upon delivery of the resignation statement to Disciplinary Counsel or the Disciplinary Board Prothonotary.
10. Upon entry of the order disbarring her on consent, she will promptly comply with the notice, withdrawal, resignation, trust accounting, and cease-and-desist provisions of Enforcement Rule 217(a)-(d).
11. After entry of the order disbarring her on consent, she will file a verified statement of compliance, as required by Enforcement Rule 217(e)(1).
12. She is aware that the waiting period for eligibility to apply for reinstatement to the practice of law under Enforcement Rule 218(b) shall not begin until she files the verified statement of compliance required by Enforcement Rule 217(e)(1), and if the order of disbarment contains a provision that makes the disbarment retroactive to an earlier date, then the waiting period will be deemed to have begun on that earlier date.
13. She requests that her disbarment be made retroactive to the date of her temporary suspension. She understands that the Office of Disciplinary Counsel does not oppose her request and that the decision whether to grant retroactivity is solely within the discretion of the Pennsylvania Supreme Court
It is understood that the statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 (relating to unsworn falsification to authorities).
CERTIFICATE OF COMPLIANCE
I certify that this filling complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require riling confidential information and documents differently than non-confidential information and documents.
Board File No. C3-18-313
JOINT PETITION TO TEMPORARILY SUSPEND AN ATTORNEY PURSUANT TO Pa.R.D.E. 208(F)
TO THE HONORABLE, THE CHIEF JUSTICE AND JUSTICES OF THE SUPREME COURT OF PENNSYLVANIA:
Office of Disciplinary Counsel (hereinafter "ODC"), by Paul J. Killion, Esquire, Chief Disciplinary Counsel, and by Kristin Wells, Esquire, Disciplinary Counsel, and Lori A. Rexroth, Esquire, ("Respondent") jointly petition this Honorable Court for an Order temporarily suspending Respondent from the practice of law, and in support thereof state:
1. ODC, whose principal office is situated at PA Judicial Center, 601 Commonwealth Ave., Suite 2700, P.O. Box 62485, Harrisburg, Pennsylvania, 17106 is invested, pursuant to Pa.R.D.E. 207, with the power and duty to investigate all matters involvingalleged misconduct of an attorney admitted to practice law in the Commonwealth of Pennsylvania and to prosecute all disciplinary proceedings brought in accordance with the various provisions of the aforesaid Enforcement Rules.
2. Respondent was born on December 23, 1960, and was admitted to practice law in the Commonwealth of Pennsylvania on December 18,1992. Respondent's Attorney Registration No. is 66308. Her registered address is 454 Pine Street, Suite 2-D, Williamsport, Pennsylvania 17701. Respondent is currently on active status, and is subject to the disciplinary jurisdiction of the Disciplinary Board of the Supreme Court.
3. On or about April 8,2018, ODC opened complaint file C3-18-313 based on reports regarding Respondent's misconduct.
4. The facts as admitted to by Respondent are as follows:
a. In or about late-2017, Respondent merged her solo practice with Susquehanna Law Group, Inc. (hereinafter "the firm");
b. Prior to the finalization of the merger, a divorce client from Respondent's solo practice requested that she retain a portion of the client's divorce settlement funds, totaling $10,098.00, in her operating account to avoid any impact the client's receipt of the funds would have on her health insurance;
c. Respondent agreed to hold the client's funds;
d. Respondent failed to transfer the client's funds to the firm's IOLTA account upon completion of the merger;
e. Respondent commingled her own funds with the client's funds;
f. Over the course of approximately three months, Respondent converted the client's funds for her own use;
g. Approximately two months thereafter, the client requested disbursement of the funds;
h. Respondent did not possess funds sufficient to cover the amount she should have been holding inviolate on the client's behalf;
i. In or about late-March 2018, Respondent fraudulently entered into the firm's accounting software that $10,098.00 attributable to the client was deposited to the firm's IOLTA account;
j. Respondent then requested that the firm issue a check to the client;
k. Relying on Respondent's fraudulently entered payment, the firm issued a check to the client in the amount of $10,098.00.
l. No funds attributable to this client were held in the firm's IOLTA account; and
m. By her conduct, Respondent converted funds belonging to other clients of the firm.
5. Approximately two weeks after the issuance of the check, prior to her self-report, me firm discovered Respondent's misconduct and confronted her about the funds.
6. Respondent misrepresented that she "thought the bank had transferred over $5,000.00 in January."
7. Respondent provided no rationale for how a $5,000.00 transfer would cover a $10,098.00 payment.
8. On or about April 11,2018, Respondent made full restitution to the firm.
9. In addition to the above-noted misconduct, ODC is currently investigating allegations concerning Respondent's mishandling of additional funds due to the firm.
10. On or about January 18, 2018, Respondent received a Private Reprimand for her commingling and mishandling of client funds in her solo practice.
11. Pursuant to Pa.R.D.E. 208(f)(1), Respondent and ODC believe that it would be in the best interest of Respondent and the legal system for Respondent to be immediately suspended at this time pending the ultimate resolution of any disciplinary proceedings arising as a result of the aforementioned allegations.
12. Respondent acknowledges that her request to be placed on immediate temporary suspension and all waivers made to expedite that request, including waiving the concurrence of a reviewing member of The Disciplinary Board, are made knowingly, intelligently and voluntarily.
13. Respondent intends to immediately cease and desist from the practice of law and to comply with Rule 217.
14. At this time, ODC has no evidence that Respondent is holding funds on behalf of any other clients and she does not maintain an IOLTA or other escrow account, therefore, relief under Pa.R.D.E. 208(f)(1)(i), providing for issuance of order to financial institutions or other persons as necessary to preserve funds, is unnecessary.
WHEREFORE, ODC and Respondent jointly move your Honorable Court to enter an Order temporarily suspending Respondent from the practice of law and for further proceedings pursuant to Pa.R.D.E. 208(f), depending upon the outcome of the pending disciplinary investigation.
Respectfully Submitted, OFFICE OF DISCIPLINARY COUNSEL, Paul J. Killion, Chief Disciplinary Counsel
By Kristin A. Wells, Disciplinary Counsel, District III
Attorney Registration No. 312080
ORDER
AND NOW, this ___day of ___, 2018, the Joint Petition for Temporary Suspension is granted, and, pursuant to Pa.R.D.E. 208(f), Lori A. Rexroth is placed on temporary suspension and she shall comply with all the provisions of Pa.R.D.E. 217. Respondent's rights to petition for dissolution or amendment of this Order, pursuant to Pa.R.D.E. 208(f)(5), and to request accelerated disposition of charges underlying this Order pursuant to Pa.R.D.E. 208(f)(6), are specifically preserved. This Order constitutes an imposition of public discipline within the meaning of Pa.R.D.E. 402, pertaining to confidentiality.
Exhibit A
CERTIFICATE OF COMPLIANCE
I certify that this filling complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.
No. 2472 Disciplinary Docket No. 3 No. 62 DB 2018
Attorney Registration No. 66308 (Lycoming County)
ORDER
PER CURIAM
AND NOW, this 25th day of July, 2018, the Joint Petition for Immediate Temporary Suspension is granted, Lori A. Rexroth is placed on temporary suspension, see Pa.R.D.E. 208(f), and she shall comply with all the provisions of Pa.R.D.E. 217. Respondent's rights to petition for dissolution or amendment of this Order and to request accelerated disposition of charges underlying this order are specifically preserved. See Pa.R.D.E. 208(f)(4) and (f)(6).