On Thursday, December 15, 2022, the Supreme Court of Pennsylvania suspended Harrisburg attorney John R. Carpenter for multiple instances of misconduct. The case is entitled “Office of the Disciplinary Counsel v. John R. Carpenter” with Case #147 DB 2022.

The charges cited rules of professional conduct 1.1, 1.2(a), 1.3, 1.4(a)(3), 1.4(a)(4), 1.4(b), 1.15(b), 1.15(c)(4), 1.15(f), 1.15(h), 1.16(d), 4.2, 5.1(a), 5.3(a), 8.4(a), 8.4(c), and 8.4(d) which states that :

A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

Subject to paragraphs (c) and (d), a lawyer shall abide by a client’s decisions concerning the required Rule 1.4, shall consult with the client as to the means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client’s decision whether to settle a matter. In a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive a jury trial and whether the client will testify.

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

A lawyer shall keep the client reasonably informed about the status of the matter.

A lawyer shall promptly comply with reasonable requests for information.

A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

Upon receiving property of a client or third person in connection with a client-lawyer relationship, a lawyer shall promptly notify the client or third person. Except as stated in this Rule or otherwise permitted by law or by agreement with the client or third person,  a lawyer shall promptly deliver to the client or third person any property that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property.

A regular trial balance of the individual client trust ledgers shall be maintained. The total of the trial balance must agree with the control figure computed by taking the beginning balance, adding the total of monies received in trust for the client, and deducting the total of all money disbursed. On a monthly basis, a lawyer shall conduct a reconciliation for each fiduciary account. The reconciliation is not complete if the reconciled total cash balance does not agree with the total of the client balance listing. A lawyer shall preserve for a period of five years copies of all records and computations sufficient to prove compliance with this requirement.

A lawyer shall not deposit the lawyer’s own funds in a Trust Account except for the sole purpose of paying service charges on that account and only in an amount necessary for that purpose.

Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. The lawyer may retain papers relating to the client to the extent permitted by other law.

A lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

A partner in a law firm, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the Rules of Professional Conduct.

With respect to a nonlawyer employed or retained by or associated with a lawyer a partner and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person’s conduct is compatible with the professional obligations of the lawyer.

It is professional misconduct for a lawyer to violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another.

It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.

It is professional misconduct for a lawyer to engage in conduct that is prejudicial to the administration of justice.

On October 28, 2022, through an Affidavit, Mr. Capenter declared his consent to the imposition of an eighteen-month suspension, as jointly recommended by the Petitioner, Office of Disciplinary Counsel over multiple instances of misconduct in five separate client matters, and mishandling of client’s funds.

The filing states:

‘Respondent’s conduct in handling the Shultz divorce was prejudicial to the administration of 3ustice in that it:

a. delayed the resolution of the Schultz divorce matter; and
b. needlessly expended the limited time and resources of the York County Family Court.’

The filing continues:

‘Respondent called Court Administration and asked that the scheduled July 2, 2020 hearing be removed without first having provided a copy of the Stipulation to Ms. Habel and receiving her consent to cancel the hearing.’

The filing further alleges:

‘Upon the termination of the representation, Respondent’s law firm failed to promptly surrender Ms. Sangrey’s client file and refund her legal fee.’

The filing additionally notes:

‘As the managing partner of the Law Office of Jason R. Carpenter, Respondent failed to make reasonable efforts to ensure that Respondent’s law firm had in effect measures giving reasonable assurance that the conduct of his lawyers and legal assistants is compatible with the
professional obligations of the lawyer.’

The filing finally notes:

‘Respondent deposited Respondent’s own funds into Respondent’s IOLTA account in excess of funds necessary to pay service charges on the account.

From at least June 1, 2019 to June 24, 2021, Respondent failed to perform a monthly reconciliation of Respondent’s IOLTA account and preserve copies of Respondent’s computations sufficient to prove compliance with RPC 1.15(c)(4).

Respondent’s monthly three-way reconciliations from June 30, 2021 to December 21, 2021, reveal significant discrepancies between the bank balance and the trial ledger balance.’

In a Joint petition in support of Discipline against the respondent, Carpenter was suspended by the Supreme Court of Pennsylvania.

The Disposition states:

“And now, this 15th day of December 2022, upon consideration of the Recommendation of the Three-Member Panel of the Disciplinary Board, the Joint Petition in Support of Discipline on Consent is granted, and Jason R. Carpenter is suspended on consent from the Bar of this Commonwealth for a period of eighteen months. Respondent shall comply with all the provisions of Pa.R.D.E. 217 and pay costs to the Disciplinary Board. See Pa.R.D.E. 208(g).”

Prior to the suspension, Mr. Carpenter practiced in Harrisburgh, Pennsylvania. His info can be found on Avvo. He attended Seton Hall University graduating in 2001. He has been licensed in Pennsylvania and New Jersey.

A copy of the original filing can be found here.