Office of Disciplinary Counsel v. Smith

Attorney Registration No. 201295 (Philadelphia)

ORDER

PER CURIAM

AND NOW, this 16th day of August, 2022, upon consideration of the Verified Statement of Resignation, Royce W. Smith is disbarred on consent from the Bar of this Commonwealth. See Pa.R.D.E. 215. Respondent shall comply with all of the provisions of Pa.R.D.E. 217 and pay costs to the Disciplinary Board pursuant to Pa.R.D.E. 208(g).

RESIGNATION STATEMENT UNDER Pa.R.D.E. 215

Royce W. Smith ("Respondent") hereby tenders his voluntary resignation from the practice of law in the Commonwealth of Pennsylvania pursuant to Pa.R.D.E. 215(d) ("Enforcement Rules"), and further states as follows:

1. He is an attorney licensed to practice law in the Commonwealth of Pennsylvania, having been admitted to the Bar on November 21, 2005. His attorney registration number is 201295.

2. By Order dated April 8, 2022, this Court granted a Petition for Emergency Temporary Suspension and placed Respondent on temporary suspension pending further action by the Court.

3. He desires to submit his resignation as a member of the bar.

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

5. He is aware that there is presently pending an investigation into allegations that he has been guilty of misconduct, the nature of the allegations having been made known to him in a Petition for Issuance of a Rule to Show Cause Why Respondent Should Not Be Placed on Temporary Suspension Pursuant to Pa.R.D.E. 208(f)(5), filed by the Office of Disciplinary Counsel with the Court in the above-docketed matter on March 8, 2022. ("Petition for RTSC," Exhibit A)

6. By counseled Answer to the Rule to Show Cause, filed on March 15, 2022, he admitted the material allegations of the Petition for RTSC (Exhibit B), and he hereby reaffirms the admissions contained in that Answer.

7. His resignation is being submitted because he knows that if charges were predicated upon the misconduct under investigation he could not successfully defend against them.

8. He is also aware that additional disciplinary complaints have been filed against him under the following ODC file numbers: C1-21-164; C1-21-461; C1-22-48; C1-22-51; C1-22-102; C1-22-103; C1-22-230; C1-22-252; and C1-22-572. All except for the last three of these complaints were

filed before the instant case was filed. These additional complaints are under investigation and Respondent, through his counsel, has been apprised of the nature of the complaints; however, DB-7 letters Requesting a Statement of Respondent's Position have yet to be sent to Respondent. Respondent acknowledges the existence of these complaints and also acknowledges that the facts alleged therein contain additional bases for discipline.

9. He is fully aware that the submission of his 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).

10. He is aware that pursuant to Enforcement Rule 215(c), the fact that he has tendered this resignation shall become a matter of public record immediately upon delivery of the Resignation Statement to Disciplinary Counsel or the Disciplinary Board Prothonotary.

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

12. 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).

13. 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 to run until he files the verified statement of compliance, 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.

14. 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 and acted upon the advice of Samuel C. Stretton, Esquire in connection with his decision to execute this Resignation Statement.

The statements in this Resignation Statement are subject to the penalties of 18 Pa.C.S., Section 4904 (relating to unsworn falsification to authorities).

Exhibit A

Thomas J. Farrell Chief Disciplinary Counsel

Raymond S. Wierciszewski Deputy Chief Disciplinary Counsel

Anthony P. Sodroski Disciplinary Counsel-in-Charge, Special Projects

RE: In the Matter of Royce W. Smith

ODC File No. C1-22-105

Attorney Registration No. 201295 (Philadelphia)

Dear Ms. Sloan:

Enclosed for filing please find Office of Disciplinary Counsel's Petition for Issuance of a Rule to Show Cause Why Respondent Should Not Be Placed on Temporary Suspension Pursuant to Pa.R.D.E. 208(f) (5), together with Exhibits A through E thereto, as well as the related Certificate of Service and Certificate of Compliance. Note, Confidential Document Forms have been completed and placed at the beginning of Exhibits A and B to the petition. Service is being made upon Respondent through his counsel, Samuel C. Stretton, Esquire, by email and regular mail.

Very truly yours, OFFICE OF DISCIPLINARY COUNSEL

Michael D. Gottsch

Disciplinary Counsel

Samuel C. Stretton, Esquire

Thomas J. Farrell, Chief Disciplinary Counsel

Raymond S. Wierciszewski, Deputy Chief Disciplinary Counsel

Ramona M. Mariani, Disciplinary Counsel-in-Charge, District I

BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA

ODC File No.C1-22-105

ORDER AND RULE TO SHOW CAUSE

And now, this _ day of___, 2022, upon Petition of the Office of Disciplinary Counsel, a Rule is hereby issued upon Respondent to show cause, within ten (10) days following service of this Rule, why he should not be placed on Temporary Suspension pursuant to Pa.R.D.E. 208(f)(5). Any response must be filed with the Board Prothonotary and a copy served on Office of Disciplinary Counsel.

PETITION FOR ISSUANCE OF A RULE TO SHOW CAUSE WHY RESPONDENT SHOULD NOT BE PLACED ON TEMPORARY SUSPENSION PURSUANT TO Pa.R.D.E. 208(f)(5)

1. Office of Disciplinary Counsel ("ODC"), whose principal office is located at PA Judicial Center, 601 Commonwealth Avenue, Suite 2700, P.O. Box 62625, Harrisburg, PA 17106-2625, is invested pursuant to Rule 207 of the Pennsylvania Rules of Disciplinary Enforcement (hereinafter "Pa.R.D.E."), with the power and duty to investigate all matters involving alleged misconduct of any attorney admitted to practice law in the Commonwealth of Pennsylvania and to prosecute all disciplinary proceedings brought in accordance with the various provisions of said Rules of Disciplinary Enforcement.

2. Respondent, Royce W. Smith, Esquire was born on December 26, 1978, and was admitted to practice law in the Commonwealth on November 21, 2005.

3. Respondent is subject to the disciplinary jurisdiction of The Disciplinary Board of the Supreme Court of Pennsylvania.

4. Respondent's public mailing and office address as set forth in his most recent annual fee form is 1500 Walnut Street, Suite 1304, Philadelphia, PA19102.^[1]

5. As particularly alleged below, ODC is proceeding under the

procedure set forth in Pa.R.D.E. 208(f)(5) and requesting: (a) the Board issue a Rule to Show Cause; (b) a hearing if Respondent files a response raising issues of fact; and (3) a recommendation to the Supreme Court that Respondent should be temporarily suspended. As demonstrated below, Respondent's misconduct also violates Pa.R.D.E. 208(f)(1), which also warrants temporary suspension.

Respondent has withdrawn client settlement funds from his IOLTA account, depleting the account; he has not paid such funds to the client(s), and he cannot account for the funds

6. This matter arises from a partial settlement of a federal civil action that Respondent entered into on behalf a severely brain-damaged minor (XR), and the minor's father (Eriberto Rodriguez) and grandmother (Daisy Morales). The father and grandmother share custody of the minor, whose mother, Joanne Rodriguez, died in childbirth. The minor lives with his grandmother.

7. The civil action is entitled Rodriguez et al v. City of Philadelphia et al., No. 2:14-cv-04435-JHS (E.D.Pa.). The settlement agreement was signed on June 26, 2020. The settlement agreement and related documentation are under seal pursuant to order of the court.

8. Among other things, the net settlement provided for the sum of $354,450.48 to paid to a Special Needs Trust established for XR. That money is needed to purchase an appropriate handicapped accessible vehicle and an appropriate handicapped accessible home that can make XR's current untenable situation as good as possible.

9. By Order dated July 14, 2020, United States District Judge Joel H. Slomsky granted a petition, filed by Respondent, to compromise and settle a minor's claim and wrongful death claim, and approved the settlement agreement.

10. By Order dated June 16, 2021, Philadelphia Orphans' Court Judge Matthew D. Carrafiello approved the Special Needs Trust and authorized Mass. Mutual Trust Company, FSB to act as Trustee of the trust. Judge Carrafiello ordered that "[t]he net Settlement Proceeds to [XR] from the [federal] litigation ... including amounts distributable to [XR] from the Estate of Joanne Rodriguez, shall be deposited into the Trust pursuant to the Settlement Agreement within thirty (30) days of the date...