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Asheville attorney has suspension stayed

Attorney: Sean David Soboleski

Location: Asheville

Bar membership: Member since 2001

Disciplinary action: Soboleski was granted a stay of the remaining portion of his suspension from the practice of law on April 26 and is permitted to resume practicing law immediately.

Background: Soboleski and his wife were engaged in the practice of law together, and together maintained three attorney trust accounts. They employed a disorganized and at times haphazard manner of disbursing earned fees. Combined with a lack of contemporaneous recording of transactions, this resulted in mismanagement of clients’ entrusted funds on many occasions, including the disbursing of funds to themselves in excess of fees earned and the disbursing of funds for the benefit of clients in excess of the amounts deposited in the trust account for those clients. As a result, Soboleski was suspended from the practice of law for three years on June 30, 2016, with a provision that he could apply for a stay of the remainder of the suspension after six months. The Disciplinary Hearing Commission found that Soboleski had satisfied all of the conditions necessary to grant his petition for the stay.

Previous discipline: Soboleski was reprimanded in August 2015. After representing a client in a lemon-law case, he attempted to obtain an attorney charging lien at the outset of the representation, before any judgment had been entered, thereby attempting to collect an illegal fee. He also, against the client’s wishes, disbursed to himself entrusted funds belonging to the client in purported payment of fees the client owed to Soboleski’s wife in an unrelated legal matter.

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