Legal Malpractice • Suspension • “Inept, but Not Malicious”

In re Flaugh, PICS Case No. 16-1029 (Pa.Aug. 12, 2016) per curiam (16 pages).

Attorney who took on a personal injury case involving three persons failed to fulfill his duties in disbursing settlement monies for two and completely to follow through with the third, where failure to communicate with his client ranged from responding to questions to not conveying court dates. The incomplete disbursement of funds went hand in hand with mishandling of client funds. In light of the numerous violations of professional conduct regulations and failure to acknowledge or express remorse, the ODC recommended a lengthier suspension. The Disciplinary Board opted for a shorter suspension, noting that, despite the gravity of the offenses, it viewed the attorney as overwhelmed and “perhaps inept, but not malicious.”