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Office of Disciplinary Counsel v. Petyak

Supreme Court of Pennsylvania

June 16, 2014

OFFICE OF DISCIPLINARY COUNSEL, Petitioner
v.
ROBERT PAUL PETYAK, Respondent No. 112 DB 2012

Attorney Registration No. 21770 (Cambria County)

ORDER

PER CURIAM

AND NOW, this 16th day of June, 2014, upon consideration of tlie Report and Recommendations of tlie Disciplinary Board dated January 17, 2014, tlie Petition for Review and response tliereto, it is liereby

ORDERED tliat Robert Paul Petyak is suspended from the practice of law for a period of two years, the suspension is stayed in its entirety and he is placed on probation for a period of two years, subject to the following conditions:

1. Respondent shall select a practice monitor subject to the approval of the Office of Disciplinary Counsel.

2. The practice monitor shall do the following during the period of Respondent's probation:

a. Periodically examine the Respondent's law office organization and procedures to ensure that he is maintaining an acceptable tickler system, filing system, and other administrative aspects of his practice;
b. Meet with the Respondent at least monthly to examine his office and escrow accounts, client ledgers and other financial records to ensure that all such records are being properly maintained and tliat fiduciary and non-fiduciary funds are being properly segregated, handled and disbursed in accordance with Rule of Professional Conduct 1.15;
c. Meet with the Respondent at least monthly to examine his progress towards satisfactory and timely completion of clients' legal matters and regular client contact;
d. File quarterly written reports on a Board-approved form with the Secretary of the Board; and
e. Immediately report to the Secretary any violations by the Respondent of the terms and conditions of probation.

3. Respondent shall continue counseling with Diane Sallade or another similarly qualified mental healthcare professional, who is to direct and supervise his activities;

4. Respondent shall cooperate with the directions of the mental healthcare professional supervising his treatment, take medications as prescribed and engage in therapy and counseling sessions as directed;

5. Respondent shall file monthly reports with the Office of Disciplinary Counsel attesting to his continued compliance with Rule of Professional Conduct 1.15;

6. Respondent shall file quarterly written reports with the Secretary of the Board and shall attach physician's reports verifying the above counseling and treatment;

It is further ORDERED that the expenses incurred in the investigation and prosecution of this matter are to be paid by the Respondent.

Mr. Justice Stevens dissents and would adopt the Office of Disciplinary Counsel's recommendation of a two-year suspension.


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