On Wednesday, October 16, 2024, the Supreme Court of Pennsylvania issued an order suspending attorney Gary Scott Silver from the practice of law for four years
The case is entitled “Office of Disciplinary Counsel v. Gary Scott Silver,” with case no. 92 DB 2022.
The order stems from Silver’s representation of John and Susan McClellan regarding the death of their son John McClellan Jr. in 2011 while incarcerated at SCI Cresson. According to the Disciplinary Board Report and Recommendations, Silver failed to file a lawsuit on behalf of the McClellans before the statute of limitations expired in 2013. He then repeatedly misled the McClellans for nearly 10 years by telling them the case was proceeding when in fact no action had been taken.
Silver did not contest the allegations and stipulated violating Rules of Professional Conduct regarding competence, diligence, communication with clients, conflicts of interest, fees, and dishonesty. He also failed to timely respond to the Disciplinary Counsel’s request for his position.
A disciplinary hearing was held in July 2023 where the McClellans testified to the impact of Silver’s deception. Silver expressed remorse and acknowledged betraying the trust of his clients. Due to his actions, the McClellans were unable to pursue legal claims regarding responsibility for their son’s death in prison.
As a result, attorney Gary Scott Silver is now suspended from practicing law in Pennsylvania for four years. He must also pay costs to the Disciplinary Board and comply with requirements to wind down his law practice before reinstatement.
According to avvo.com, Mr. Silver is a criminal defense attorney in Philadelphia, Pennsylvania. He acquired his law license in Pennsylvania in 1991.
A copy of the original filing can be found here.
