12 November 2009

Supreme Court of Missouri Case No. SC90497

In re: Gerald J. Harvath, MBE # 23032

Now at this day, the Court being sufficiently advised of and concerning the premises and having considered the statement of acceptance of the Disciplinary Hearing Panel Decision pursuant to Rule 5.19(h), the Court finds that Respondent, Gerald J. Harvath, Missouri Bar No. 23032, violated Rule 4-1.3 by failing to work on the Hembys’ personal injury case in the first five years following his representation, failing to inquire as to why the Court returned the Hembys’ filing fee and failing to refile the case for a period of one year after the filing fee was returned. Respondent further violated Rule 4-1.3 by failing to perform discernable work on Ms. Short’s case for a period of three years and failing to answer discovery or otherwise object to discovery following the Court’s order that Respondent respond to discovery. Respondent violated Rule 4-1.4 by failing to keep the Hembys’ and Ms. Short apprised of developments in their cases and violated Rule 4-1.5 by failing to reduce the contingency agreements in the Hemby and Short cases to writing.

In accordance with previous disciplinary decisions of this Court, the Court hereby suspends the license of Gerald J. Harvath for a period of six months, suspension stayed with Respondent placed on probation for a period of one year from the date of this order in accordance with Rule 5.225 and the proposed terms of probation contained in exhibit A of the joint stipulation filed herein. 

       

Fee pursuant to Rule 5.19(h) in the amount of $1,000.00 payable to the Clerk of this Court to the credit of the Advisory Committee Fund taxed to Respondent.

       

Costs taxed to Respondent.