Tuesday, July 9, 2013

A Refuge In New Jersey

An attorney who was disbarred in 2011 by the New York Appellate Division for the Second Judicial Department was the subject of multiple reciprocal discipline actions.

He was disbarred on a motion for default in Colorado, disbarred in Pennsylvania for failure to advise authorities of the New York sanction and disbarred in Connecticut when he did not contest reciprocal discipline there.

One bar left - New Jersey.

Disbarment?

Not even close.

Based on report of the Disciplinary Review Board, the New Jersey Supreme Court ordered a three-month suspension, to be served if and when he is reinstated from a September 2010 administrative suspension.

That suspension was imposed after he had failed to pay his annual trust fund assessment for seven years.

The DRB report is a study in the lowering of attorney ethical standards in the Garden State:

Here, respondent's were not small, isolated violations. His commingling and recordkeeping violations were of such a rampant nature that the New York disciplinary authorities treated him harshly. In fact, the New York Supreme Court [sic] agreed with the special referee that [his] testimony demonstrated a "weak understanding of the disciplinary roles relating to escrow accounts and the handling of client funds." The referee found, too, that [he] had "learned nothing from [the] disciplinary proceeding."

Given the scope of respondent's misconduct, at least a reprimand is warranted.

Yes, I'd say so.

The Office of Attorney Ethics had sought disbarment.  (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/07/an-attorney-who-waws-disbarred-in-2011-in-new-york-was-the-subject-of-multiple-reciprocal-discipline-actions-he-was-disbarr.html

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