On Wednesday, October 12, 2022, the Disciplinary Board of the Supreme Court of Pennsylvania ordered the public reprimand of York Attorney Marc Alan Roberts.

The case is styled Office of Disciplinary Counsel v. Marc Alan Roberts with case no. 132 DB 2022.

The charges cited Mr. Roberts’ violation of Pennsylvania Rules of Professional Conduct RPC 1.1, 1.3, and 5.3(b) which require:

A lawyer provide competent representation to a client;

A lawyer shall act with reasonable diligence and promptness in representing a client; and

A lawyer having direct supervisory authority over a nonlawyer shall make reasonable efforts to ensure that the person’s conduct is compatible with the professional obligations of the lawyer.

The following are summarized from the factual allegations admitted:

On December 21, 2020, Mr. Roberts was retained by the Complainants to represent them in the administration of their mother’s estate. Mr. Roberts allegedly engaged in misconduct by his failure to exercise the appropriate supervision over Mrs. Reed, an employee of his law firm, to ensure estate funds were handled in compliance with the Rules of Professional Conduct. It was also alleged that Mr. Roberts failed to diligently and competently represent the Complainants by his failure to take sufficient action relative to the estate including failing to timely file an estate tax return.

The filing states:

“At one of the first of these meetings. Mrs. Reed requested Complainants sign numerous blank checks for the estate checking account, which Mrs. Reed stated she would use to pay estate expenses.”

The filing continues:

“Ultimately, Mrs. Reed utilized these checks to collect a $20,882.88 fee paid to Respondent’s firm and to convert $31,983.03 in estate funds for her own use without Complainants’ knowledge or consent.”

The filing further alleges:

“Respondent failed to take sufficient action relative to the estate, including failing to timely file an estate tax return.”

The Office of Disciplinary Counsel and Mr. Fannick jointly requested the Board to review and approve the Joint Petition and impose public reprimand and for Mr. Roberts to pay the expenses incurred in the investigation and prosecution of this matter.

Accordingly, the Court approved the Joint Petition in Support of Discipline on Consent.

The Order reads:

“ORDERED that MARC ALAN ROBERTS be subjected to a PUBLIC REPRIMAND by the Disciplinary Board of the Supreme Court of Pennsylvania. . .”

As of today, Mr. Roberts practices in York, Pennsylvania. He has been licensed in Pennsylvania, license no. 34355.

A copy of the original filing can be found here.