Office of Disciplinary Counsel v. Domenick, 022317 PASCDC, 2243-3

Docket Nº:2243 Disciplinary Docket 3
Opinion Judge:PER CURIAM
Party Name:OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. DANIEL JAMES DOMENICK, Respondent No. 13 DB 2016 File No. Client Jurisdiction Date Hired Total Fees Collected $509, 853 Jurisdiction Rules of Professional Conduct
Case Date:February 23, 2017
Court:Court of Judicial Discipline of Pennsylvania
 
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OFFICE OF DISCIPLINARY COUNSEL, Petitioner

v.

DANIEL JAMES DOMENICK, Respondent

No. 2243 Disciplinary Docket No. 3

No. 13 DB 2016

Court of Judicial Discipline of Pennsylvania

February 23, 2017

Attorney Registration No. 312682 (Allegheny County)

ORDER

PER CURIAM

AND NOW, this 23rd day of February, 2017, upon consideration of the Verified Statement of Resignation, Daniel James Domenick is disbarred on consent from the Bar of the Commonwealth of Pennsylvania, see Pa.R.D.E. 215, and he shall comply with the provisions of Pa.R.D.E. 217. Respondent shall pay costs to the Disciplinary Board pursuant to Pa.R.D.E. 208(g).

BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA

OFFICE OF DISCIPLINARY COUNSEL, Petitioner

v.

DANIEL JAMES DOMENICK, Respondent

No. 2243 Disciplinary Docket No. 3

No. 13 DB 2016

Attorney Registration No. 312682 (Allegheny County)

RESIGNATION BY RESPONDENT

Pursuant to Rule 215 of the Pennsylvania Rules of Disciplinary Enforcement

No. 13 DB 2016 - Disciplinary Board and File Reference Nos. C4-16-56, C4-16-68, C4-16-72, C4-16-73, C4-16-97, C4-16-99, C4-16-100, C4-16-109, C4-16-122, C4-16-124, C4-16-166, C4-16-194, C4-16-195, C4-16-196, C4-16-206, C4-16-226, C4-16-275, C4-16-289, C4-16-306, C4-16-375, C4-16-395, C4-16-507, C4-16-544, C4-16-579, C4-16-581, C4-16-745, and C4-16-759 Attorney Registration No. 312682 (Allegheny County County)

Dear Ms. Frankston-Morris:

Attached, please find the Resignation pursuant to Rule 215, Pennsylvania Rules of Disciplinary Enforcement (Discipline on Consent), executed by the subject attorney, Daniel James Domenick, in regard to the disciplinary matter pending against him at the numbers indicated above.

Mr. Domenick's prior disciplinary record is as follows: Emergency Temporary Suspension pursuant to Rule 208(f)(1), Pa.R.D.E. Mr. Domenick has not been reinstated to the Bar of this Commonwealth.

Please forward the Rule 215 Resignation to the Supreme Court immediately.

No. 13 DB 2016 - Disciplinary Board (File Nos. C4-14-374, C4-15-846, C4-15-847, C4-15-906, C4-15-985, C4-15-990, C4-16-35) AND C4-16-56, C4-16-68, C4-16-72, C4-16-73, C4-16-97, C4-16-99, C4-16-100, C4-16-109, C4-16-122, C4-16-124, C4-16-166, C4-16-194, C4-16-195, C4-16-196, C4-16-206, C4-16-226, C4-16-275, C4-16-289, C4-16-306, C4-16-375, C4-16-395, C4-16-507, C4-16-544, C4-16-579, C4-16-581, C4-16-745 and C4-16-759

RESIGNATION PURSUANT TO RULE 215, PENNSYLVANIA RULE OF DISCIPLINARY ENFORCEMENT

Daniel James Domenick, Esquire, hereby tenders his unconditional resignation from the practice of law in the Commonwealth of Pennsylvania in conformity with Rule 215, Pa.R.D.E. ("Enforcement Rules"), and further states as follows:

1. He is an attorney admitted in the Commonwealth of Pennsylvania, having been admitted to the bar on or about January 3, 2012. His attorney registration number is 312682. He remains on suspension by Order of Your Honorable Court dated February 22, 2016, issued pursuant to Rule 208(f) (1), Pa.R.D.E.

2. He desires to submit his resignation as a member of said bar.

3. His resignation is freely and voluntarily rendered; he is not being subjected to coercion or duress and he is fully aware of the implications of submitting this resignation.

4. He acknowledges that he is fully aware of his right to consult and employ counsel to represent him in the instant proceeding. He has retained, consulted with, and acted upon the advice of counsel in connection with his decision to execute the within resignation.

5. He is aware that there is presently pending an investigation into allegations that he has been guilty of misconduct, the nature of which allegations have been made known to him by service of letter requests for statements of Respondent's position (Form DB-7), and by other means of notice acceptable to Respondent and his counsel, as summarized and enumerated in Exhibit "A, " the Statement of Material Facts.

6. He acknowledges that the material facts upon which the complaint is predicated contained in Exhibit "A" are true.

7. He submits the within resignation because he knows that he could not successfully defend himself against the charges of professional misconduct set forth in the attached exhibit.

8. He is fully aware that the submission of this Resignation Statement is irrevocable and that he can only apply for reinstatement to the practice of law pursuant to the provisions of Enforcement Rule 218(b) and (c) .

9. He is aware that pursuant to Enforcement Rule 215(c) the fact that he has tendered his resignation shall become a matter of public record immediately upon delivery of the resignation statement to Disciplinary Counsel or the Secretary of the Board.

10. Upon entry of the order disbarring him on consent, he will promptly comply with the notice, withdrawal, resignation, trust account, and cease-and-desist provisions of Enforcement Rule 217 (a), (b), (c) and (d).

11. After entry of the order disbarring him on consent, he will file a verified statement of compliance as required by Enforcement Rule 217(e) (1).

12. He is aware that the waiting period for eligibility to apply for reinstatement to the practice of law under Enforcement Rule 218(b) shall not begin until he files the verified statement of compliance required by Enforcement Rule 217(e)(1), and if the order of disbarment contains a provision that makes the disbarment retroactive to an earlier date, then the waiting period will be deemed to have begun on that earlier date.

It is understood that the statements made herein are subject to the penalties of 18 Pa.C.S., Section 4904 (relating to unsworn falsification to authorities).

STATEMENT OF MATERIAL FACTS

1. As of January 31, 2011, the Federal Trade Commission (FTC) Mortgage Assistance Relief Services (MARS) Rule was in effect for the purpose of protecting financially-distressed homeowners from mortgage relief scams. Among other things, the MARS Rule bans mortgage relief providers from collecting fees in advance of the consumer having been provided with: [1] a written offer from their lender or loan servicer that the consumer finds acceptable; and, [2] a written document from the lender or loan servicer describing the key changes to the mortgage that would result if the consumer accepted the offer.

2. Although the MARS Rule provides for an "attorney exemption, " attorneys who want to avail themselves of the exemption are required by the Rule to: [1] be engaged in the practice of law; [2] be licensed in the state where the consumer or the dwelling is located; [3] comply with state laws and regulations governing attorney conduct related to the Rule; and [4] place any fees they collect in a client trust account and abide by state laws and regulations governing such accounts.

3. Respondent, who is admitted to the Pennsylvania Bar and the New Jersey Bar, conducted a law practice that consisted mostly of contracting with clients who reside, and whose realty is located, in states other than Pennsylvania and New Jersey, where he is admitted to practice law.

4. Respondent agreed to provide clients with "pre-trial services" and "limited scope representation" in prosecuting financial hardship and wrongful foreclosure actions, including advising clients, drafting pleadings, and attempting to negotiate new terms for the clients' mortgages...

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