June 13, 2012
Not Reprimand But... Censure
An attorney who engaged in negligent misappropriation and defaulted in the ensuing bar discipline proceedings has been censured by the New Jersey Supreme Court.
The court followed the recommendation of the Disciplinary Review Board, which noted that the attorney had been privately reprimanded in 1990 and admonished in 2009.
The private reprimand involved a false atatement to a third person. The admonition was for notarizing a deed signed outside his presence.
The board found that "[t]his is not a case involving compelling mitigating factors that warrant the reduction of a reprimand to an admonition" and that "the default nature of these proceedings warrants enhancement of the appropriate form of discipline (reprimand) for respondent's violations."
The attorney must submit his trust and business reconciliations to disciplinary authorities within 90 days and provide quarterly reconciliations of his attorney records for two years.
When an attorney mishandles his trust account, defaults in the bar proceedings and has a record of prior discipline, he can be considered fortunate to avoid suspension. (Mike Frisch)
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