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In re Member of the Bar of the Supreme Court of Delaware Feuerhake

Supreme Court of Delaware

April 4, 2014

In the Matter of a Member of the Bar of the Supreme Court of Delaware HERBERT G. FEUERHAKE, Respondent

Submitted February 26, 2014.

Case Closed April 22, 2014.

Board Case No. 2012-0025-B.

DISBARRED.

Jennifer-Kate Aaronson, Esquire, Office of Disciplinary Counsel, Wilmington, Delaware.

Herbert G. Feuerhake, Pro se.

Before HOLLAND, JACOBS and RIDGELY, Justices.

OPINION

Page 1059

Per Curiam:

This is an attorney disciplinary matter involving Herbert G. Feuerhake's practice of law during a disciplinary suspension imposed by this Court. In a report dated January 30, 2014 (the " Report" ), a Panel of the Board on Professional Responsibility (the " Panel" ) found that Feuerhake had violated Rules 3.4(c) and 8.4(d) of the Delaware Lawyers' Rules of Professional Conduct and Rule 7(c) of the Delaware Lawyers Rules of Disciplinary Procedure. The Panel recommended disbarment. Feuerhake objects to the Panel's recommended sanction and argues that we should extend his suspension. We find no merit to his objection and order disbarment.

I. Facts and Procedural History[1]

Feuerhake was admitted to the bar in 1987 and engaged in private practice until July 2010. On July 13, 2010, this Court entered an order suspending Feuerhake from the practice of law for two years (the " Suspension Order" ).[2] In relevant part, the Suspension Order provides:

3. During the period of suspension, Respondent shall conduct no act directly or indirectly constituting the practice of law, including the sharing or receipt of any legal fees, except that Respondent shall be entitled to any legal fees earned before the date of this Order.
4. Respondent shall be prohibited from having contact with clients or prospective clients, witnesses, or prospective witnesses when acting as a paralegal, legal assistant, or law clerk under the supervision of a member of the Delaware Bar or otherwise.[3]

During his suspension, Feuerhake worked as a paralegal under the supervision of Jeffrey K. Martin, Esquire. But Feuerhake never provided Martin with a copy of the Suspension Order. Nor did he inform Martin of this Court's prohibition on his ability to practice law during his suspension. The record also demonstrates that there was ...


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