Background
Gabriel A. DiLeonardo, Sr., a Delaware lawyer, faced disciplinary charges arising from his handling of his law firm’s books, records, and attorney trust account. In a conditional admission, he acknowledged that he had repeatedly disbursed money for one client while relying in part on another client’s funds, made client-specific overdisbursements, failed to maintain required books and records, and inadequately supervised nonlawyer assistants.
DiLeonardo also admitted negligently misrepresenting the status of his firm’s books and records in compliance certificates submitted to the Delaware Supreme Court in 2024 and 2025. The Office of Disciplinary Counsel agreed to a proposed suspension and additional conditions, while dismissing four other counts with prejudice. The Board on Professional Responsibility approved that resolution after considering the parties’ submissions and a hearing at which DiLeonardo confirmed that his consent was knowing and voluntary.
The Court’s Holding
The Delaware Supreme Court approved the Board’s report under Rule 9(e), thereby accepting the discipline by consent. The approved sanction suspends DiLeonardo from practice for six months and one day. After completing that period, he may petition for reinstatement under the applicable disciplinary rule.
The approved conditions require DiLeonardo to pay the proceeding’s costs and cooperate with a receiver winding down his Delaware practice. For one year after reinstatement, he may not serve as a Delaware law firm’s managing partner or as the Delaware lawyer in charge of books and records. If, after that year, he assumes either role, he must notify disciplinary counsel within 30 days. Separately, if he becomes the Delaware lawyer in charge of books and records, he must for two years obtain pre-certification from an approved licensed certified public accountant and promptly provide the resulting reports to disciplinary counsel.
Key Takeaways
- Repeatedly using one client’s funds to support disbursements for another client, along with client-specific overdisbursements, supported a suspension rather than a lesser sanction.
- The Board identified a pattern of misconduct, multiple offenses, and refusal to acknowledge the conduct’s wrongful nature as aggravating factors, while treating the absence of prior discipline as mitigating.
- The post-reinstatement CPA pre-certification requirement applies specifically if DiLeonardo becomes the Delaware lawyer in charge of books and records; the notice requirement applies if he later assumes either that role or a managing-partner role.
Why It Matters
The order reinforces that Delaware lawyers remain responsible for accurate trust-account records, client-specific fund accounting, supervision of nonlawyer staff, and truthful compliance certifications. Discipline may extend beyond a suspension to include practice-management restrictions and financial oversight designed to reduce the risk of recurring bookkeeping and trust-account violations.