On Monday, November 20, 2023, the Supreme Court of Pennsylvania issued an order suspending attorney James P. Miller from the practice of law for four years. The court’s order followed recommendations from the Disciplinary Board regarding misconduct allegations against Miller.
The case is entitled “In the Matter of James P. Miller,” with case no. 52 DB 2022.
The charges cited Pennsylvania Rules of Professional Conduct 1.1, 1.3, 1.4(a)(2), 1.4(a)(3), 1.4(a)(4), 1.16(d), 8.4(d) and Pennsylvania Rules of Disciplinary Enforcement 203(b)(7) which states:
A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.
A lawyer shall act with reasonable diligence and promptness in representing a client.
A lawyer shall reasonably consult with the client about the means by which the client’s objectives are to be accomplished.
A lawyer shall keep the client reasonably informed about the status of the matter.
A lawyer shall promptly comply with reasonable requests for information.
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 laws.
It is professional misconduct for a lawyer to engage in conduct that is prejudicial to the administration of justice.
The following shall also be grounds for discipline: Failure by a respondent-attorney without good cause to respond to Disciplinary Counsel’s request or supplemental request under Disciplinary Board Rules, § 87.7(b) for a statement of the respondent-attorney’s position.
The Rules of Professional Conduct can be found here.
The disciplinary proceedings stemmed from a petition for discipline filed on April 20, 2022, by the Office of Disciplinary Counsel. The petition alleged Miller engaged in serial neglect of client matters, resulting in violations of the Pennsylvania Rules of Professional Conduct and Rules of Disciplinary Enforcement. Miller initially received an extension to file a response but ultimately failed to file an answer to the petition.
At a hearing before the District IV Hearing Committee on October 25, 2022, Miller did not present any evidence to rebut the factual allegations, which were thus deemed admitted per the rules. The Office of Disciplinary Counsel presented evidence involving three of Miller’s criminal defense clients—Danny Ruiz, Christopher Hearn, and Mason Galbraith.
In the Ruiz matter, evidence showed Miller failed to communicate with his incarcerated client for over a year, ignored court orders to file motions, and took no meaningful action to assist with Ruiz’s decertification attempt. Regarding client Hearn, Miller went 14 months without meeting or speaking with Hearn regarding his criminal charges. And on the Galbraith matter, Miller only filed a continuance motion and otherwise neglected the representation.
The Hearing Committee issued a report on May 10, 2023, finding Miller violated various rules of conduct related to competence, diligence, and communication. They recommended a two-year suspension. The Disciplinary Board adjudicated the matter in July 2023 and submitted its report to the Supreme Court agreeing with the recommendation.
In its November 2023 order, the Supreme Court suspended Miller’s law license for four years. The lengthier suspension suggests the court viewed Miller’s misconduct as more extensive than what was alleged in the initial petition. Miller must also comply with rules governing suspended attorneys and pay the costs of the disciplinary proceedings.
The Disposition states:
“AND NOW, this 20th day of November 2023, upon consideration of the Report and Recommendations of the Disciplinary Board, James P. Miller is suspended from the Bar of this Commonwealth for four years.”
According to avvo.com, Mr, Miller is a litigation attorney in White Oak, Pennsylvania. He attended the University of Pittsburgh School of Law, graduating in 1992. He acquired his law license in 1992.
A copy of the original filing can be found here.
