In re Abell
Annotate this Case
In re Abell (97-060); 166 Vt. 620; 697 A.2d 340
[Filed 22-Apr-1997]
ENTRY ORDER
SUPREME COURT DOCKET NO. 97-060
APRIL TERM, 1997
In re Jack R. Abell } Original Jurisdiction
}
}
} FROM:
} Professional Conduct Board
}
} DOCKET NO. 95.44
Pursuant to the recommendation of the Professional Conduct Board filed
February 18, 1997, and approval thereof, it is hereby ordered that Jack R.
Abell, Esq., is disbarred for the reasons set forth in the Board's Final
Report attached hereto for publication as part of the order of this Court.
A.O. 9, Rule 8E.
BY THE COURT:
_______________________________________
Jeffrey L. Amestoy, Chief Justice
_______________________________________
Ernest W. Gibson III, Associate Justice
_______________________________________
John A. Dooley, Associate Justice
_______________________________________
James L. Morse, Associate Justice
_______________________________________
Denise R. Johnson, Associate Justice
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STATE OF VERMONT
PROFESSIONAL CONDUCT BOARD
RE: PCB Docket No. 95.44
Jack R. Abell, Esq. - Respondent
FINAL REPORT TO THE SUPREME COURT
DECISION NO. 117
We received the final report of the hearing panel. The parties were
advised that they could present oral argument to the Board, but both
parties have waived that opportunity.
We hereby adopt the hearing panel report as our own.
We recommend to the Supreme Court that Jack R. Abell be disbarred from
the practice of law.
Dated at Montpelier, Vermont this 14th day of February , 1997.
PROFESSIONAL CONDUCT BOARD
/s/
____________________________
Robert P. Keiner, Esq. Chair
/s/ /s/
___________________________ ____________________________
Joseph F. Cahill, Jr., Esq. Charles Cummings, Esq.
/s/ /s/
___________________________ ____________________________
Paul S. Ferber, Esq. Michael Filipiak
/s/
___________________________ ____________________________
Nancy Foster Rosalyn L. Hunneman
___________________________ ____________________________
Karen Miller, Esq. Robert F. O'Neill, Esq.
/s/
___________________________ ____________________________
Alan S. Rome, Esq. Mark L. Sperry, Esq.
/s/
___________________________ ____________________________
Ruth Stokes Jane Woodruff, Esq.
/usr3/dal/9544.op
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STATE OF VERMONT
PROFESSIONAL CONDUCT BOARD
In re: PCB File No. 95.44
Jack R. Abell, Esq.--Respondent
HEARING PANEL REPORT
I. Procedural History.
1. The Petition of Misconduct was filed on October 8, 1996.
2. Respondent's acceptance of service is dated September 27, 1996.
3. Mr. Amidon entered his appearance on behalf of Respondent on
October 22, 1996. At that time, Mr. Amidon notified the Board that Mr.
Abell would not be filing an Answer in this matter.
4. In a letter dated October 22, 1996, Mr. Amidon was notified that,
pursuant to Administrative Order No. 9, Rule 8C, Respondent's election not
to file an Answer would be treated as an admission of the allegations
contained in the Petition of Misconduct.
5. In a letter dated January 28, 1997, Mr. Amidon acknowledges
receipt of the October 22, 1996 letter.
II. Findings.
Pursuant to Rule 8C, the charges outlined in the Petition of
Misconduct are admitted. A copy of the Petition is attached as Exhibit A.
III. Sanctions.
The panel makes the following findings of fact as to sanctions:
1. Respondent was admitted to practice law in the State of Vermont on
February 4, 1995.
2. Respondent was a partner in the law firm of Abell, Kenlan,
Schwiebert & Hall. He was a managing partner and had sole control of the
firm's bookkeeping functions.
3. During the years of 1990 through 1994, Respondent embezzled
$408,260 from his law firm, Abell, Kenlan, Schwiebert & Hall or other
entities associated with the law firm.
4. There are no mitigating factors.
Respondent's actions violate DR 1-102(A)(3) engaging in illegal
conduct involving moral turpitude), DR 1-102(A)(4)(engaging in conduct
involving dishonesty, fraud, deceit, or misrepresentation) and DR 1-
102(A)(7)(engaging in any other conduct that adversely reflects on the
lawyer's fitness to practice law).
As defined in the ABA guidelines for Imposing Lawyer Discipline, the
foregoing are aggravating factors in determining the appropriate sanctions.
The ABA standards state the following with respect to violations of
this nature and magnitude:
Section 5.11 recommends disbarment "when a lawyer engages in criminal
conduct a necessary element of which includes...false swearing,
misrepresentation, fraud...misappropriation or theft...."
Section 7.1 recommends disbarment "when a lawyer knowingly engages in
conduct that is a violation of a duty owed as a professional, with the
intent to obtain a benefit for the lawyer...and causes serious or
potentially serious injury to...the legal system."
By embezzling the funds from his firm, Respondent has violated one of
the most basic professional obligations to the public, the pledge to
maintain personal honesty and integrity. The only appropriate sanction in
this matter is disbarment.
Dated at Montpelier, Vermont this 4th day of February, 1997.
/s/
Robert F. O'Neill, Esq., Chair
/s/
Alan S. Rome, Esq., Panel Member
/s/
Ruth Stokes, Panel Member
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STATE OF VERMONT
PROFESSIONAL CONDUCT BOARD
In re: PCB File No. 96.44
Jack R. Abell, Esq.--Respondent
PETITION OF MISCONDUCT
Pursuant to Administrative Order 9, Rule 8C, Bar Counsel hereby
initiates formal disciplinary proceedings against Respondent for violating
the Code of Professional Responsibility. The Petition is based on the
following information:
1. Jack R. Abell was admitted to practice law in the State of
Vermont on February 4, 1975 and has been on inactive status since
February 11, 1995.
2. Respondent was a partner in the law firm of Abell, Kenlan,
Schwiebert & Hall. He was a managing partner and had sole control of
the firm's bookkeeping functions--with the assistance of two in-house
accounting clerks.
3. In 1990 Respondent began embezzling funds from the law firm
for his own personal use. Respondent, over the years, used several
different methods to embezzle money and remain undetected. In 1994
one of the accounting clerks noticed a suspicious transaction and
brought it to the attention of the other partners.
4. From 1990 through 1994 Respondent embezzled $408,260
belonging to the law firm of Abell, Kenlan, Schwiebert & Hall or other
entities associated with the law firm.
5. Respondent embezzled no client funds.
6. Respondent is in violation of DR 1-102(A)(3), DR 1-102(A)(4)
and DR 1-102(A)(7) of the Code of Professional Responsibility.
WHEREFORE, a hearing panel having found probable cause to believe that
Respondent has violated the Code of Professional Responsibility, Respondent
is required to answer each of the above allegations and to file his answer
with the Chair of the Professional Conduct Board, Robert P. Keiner, Esq.,
care of Wendy S. Collins, General Counsel, Professional Conduct Board,
Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609, and to
serve a copy of his answer upon Bar Counsel. The answer must be filed
within twenty (20) days after service of this Petition. If Respondent
fails to answer in the prescribed time, the charges will be deemed
admitted.
Dated at White River Junction, Vermont this 27th day of August, 1996.
/s/
Shelley A. Hill
Bar Counsel
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