On Wednesday, March 8, 2023, the Supreme Court of Pennsylvania suspended attorney Richard Hulings Luciana. The case is entitled “Office of the Disciplinary Counsel v. Richard Hulings Luciana” with case no. 91 DB 2021.
The charges cited Pennsylvania Rules of Professional Conduct 1.3, 8.1(b), 8.4(d) and Pennsylvania Rules of Disciplinary Enforcement 203(b)(3)(4)(7) which state:
A lawyer shall act with reasonable diligence and promptness in representing a client.
In connection with a disciplinary matter, a lawyer shall not knowingly fail to respond to a lawful demand for information from a disciplinary authority.
It is professional misconduct for a lawyer to engage in conduct that is prejudicial to the administration of justice.
Willful violation of any other provision of the Enforcement Rules.
Failure by a respondent-attorney without good cause to comply with any order under the Enforcement Rules of the Supreme Court and the Board.
Failure by a respondent-attorney without good cause to respond to Disciplinary Counsel’s re q u e st or supplemental request under Disciplinary Board Rules, § 87. 7(b) for a statement of the respondent-attorney position.
On December 8, 2021, the Office of the Disciplinary Counsel filed a petition for discipline against the respondent for alleged violations of the Pennsylvania Rules of Professional Conduct and Pennsylvania Rules of Disciplinary Enforcement. Allegedly, the respondent, in an estate matter representation, continued to fail and resist in responding to a lawful demand for information from a disciplinary authority.
The filing states:
“Respondent did not reply to the various requests for information about the status of the funds, prompting Catherine Brown – Kuba to submit a complaint to the Office of Disciplinary Counsel. Moreover, Respondent did not provide information as to the $39,376.46 previously disbursed to him on behalf of the Estate of Robert C. Kuba, nor did he advise Ms. Myers of the name of the successor administrator for the Estate of James Kuba so that she could distribute, to the appointed successor, the $39,376.46 of the Nardozzi life insurance policy proceeds d designated for the beneficiaries of that Estate.”
The filing continues:
“Lacking information about the disposition of the $39,376.46 which Respondent received on behalf of the estate of Robert C. Kuba, Petitioner, pursuant to Rule 207(b)(2), Pa.R.D.E., placed Respondent on notice of allegations of possible violations of the Rules of Professional Conduct by a Request for Statement of Respondent’s Position (DB – 7) dated February 8, 2021”
The filing further states:
“The DB – 7 requested that Respondent, in addition to providing his response, provide financial records and information as to the location and maintenance of the $39,376.46 in funds Respondent previously received from Karen Myers, Esquire on behalf of the Estate of Robert C. Kuba.”
The respondent failed to respond to the requests for a statement of the respondent’s position and his failure to provide the requested financial documentation to verify the maintenance of the insurance proceeds. The respondent insisted that because he was not a signatory on the account, he may not be in a position to obtain the documents requested.
The board, upon considering the respondent’s failures to properly comply with the requests, issued an order and rule to show cause, directing the respondent to explain why he should not be temporarily suspended. But to date, the respondent has not fully complied with the Subpoena Duces Tecum, and he has not filed any response to the board order directing him to show cause. In consideration of all these factual findings, the court decided to suspend the respondent.
The Disposition states:
“And now, this 8th day of March 2023, upon consideration of the Report and Recommendations of the Disciplinary Board, Richard Hulings Luciana is suspended from the Bar of this Commonwealth for a period of one year and one day. Respondent shall comply with the provisions of Pa.R.D.E. 217 and pay costs to the Disciplinary Board.”
Mr. Luciana practices in Oakmont, Pennsylvania. He is licensed in Pennsylvania. His info can be found on martindale.com.
A copy of the original filing can be found here.
