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MATTER JAMES L. ROSENBAUM (04/28/78)

decided: April 28, 1978.

IN THE MATTER OF JAMES L. ROSENBAUM, APPELLANT


No. 389 January Term, 1976, Appeal from the Order dated March 4, 1976 of the Disciplinary Court of the Court of Common Pleas of Philadelphia County, at No. D-34, March Term, 1974.

COUNSEL

Louis Lipschitz, Philadelphia, for appellant.

Michael J. Rotko, Philadelphia, for appellee, Special Judicial Investigation-Phila.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Packel, JJ. Packel, J., did not participate in the decision of this case.

Author: Manderino

[ 478 Pa. Page 94]

OPINION OF THE COURT

A Petition for the Imposition of Discipline was filed on March 15, 1974, against appellant James L. Rosenbaum, an attorney practicing law in the city of Philadelphia. A special disciplinary court was appointed by the President Judge of the Philadelphia Court of Common Pleas. Following a hearing, the special disciplinary court concluded that appellant was guilty of unprofessional conduct, and an order was entered on March 4, 1976, censuring and reprimanding appellant for misbehavior unbecoming a member of the bar. This appeal followed.

In this appeal, appellant seeks reversal of the order of March 4, 1976, contending that the special disciplinary court erred in finding him guilty of unprofessional conduct because the Petition for the Imposition of Discipline did not give him due and proper notice of the charge. We agree.

[ 478 Pa. Page 95]

The Petition for the Imposition of Discipline filed against appellant contained fourteen charges of solicitation. Appellant was accused of improperly soliciting various named clients and of falsely reporting otherwise in contingent fee agreements filed in the Court of Common Pleas.

At the conclusion of the hearing held on the Petition, the Special Disciplinary Court found as follows:

"The Court finds on the basis of the allegations set forth in the Petition, the answer filed by the respondent, the evidence submitted at the hearing, the arguments of counsel as set forth in submitted briefs, the Special Judicial Investigation failed to sustain its burden of proof to the fourteen charges of solicitation as set forth, but did sustain its burden of proof that the respondent was guilty of unprofessional conduct as to charges IV and V as set forth in the Petition for Imposition of Discipline."

Charges IV and V referred to by the Special Disciplinary Court were two charges contained in one paragraph of the Petition. That ...


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