Monday, November 7, 2022

Fore!

A one-year suspension has been imposed by the New Jersey Supreme Court of an attorney with prior discipline that included a three month Connecticut suspension described in the report of the Disciplinary Review Board

In that matter, a Burlington County Grand Jury indicted respondent on one count of third-degree possession of a weapon for an unlawful purpose, contrary to N.J.S.A. 2C:39-4(d), and one count of fourth-degree criminal mischief, contrary to N.J.S.A. 2C:17-3(a)(i). Those charges arose from respondent’s involvement in an August 15, 2014 “road-rage” incident in Evesham Township, during which he threw a golf club at the victim’s car and then approached the car with the club.

While suspended in New Jersey

The disputed facts at the hearing involved whether, in July 2017, respondent represented himself to be an attorney or engaged in the unauthorized practice of law in connection with the potential driver’s license suspension of his friend, Christopher D. Stoner.

Findings below

Based on its determinations, the DEC found respondent violated all the charged RPCs. However, the DEC found that respondent violated RPC 3.3(a)(1) in only one instance, when he falsely represented himself as [licensed attorney] Underwood to the MVC, on July 18, 2017. Further, the DEC found that respondent violated RPC 3.3(a)(5) only to the extent that he failed to disclose that he was a suspended attorney, but not for failing to disclose that he was not Underwood.

DRB

we agree with the DEC that respondent twice engaged in the unauthorized practice of law, in violation of RPC 5.5(a)(1). First, during the July 13, 2017 telephone call, while suspended, he identified himself as an attorney and requested and adjournment on behalf of Stoner. Second, on July 18, 2017, while suspended, he appeared on behalf of Stoner, at the MVC, in a representative capacity.

...In sum, we find that respondent violated RPC 3.3(a)(1) (two instances); RPC 3.3(a)(5) (two instances); RPC 3.4(c); RPC 5.5(a)(1) (two instances); and RPC 8.4(c) (two instances).

https://lawprofessors.typepad.com/legal_profession/2022/11/a-one-year-suspension-has-been-imposed-by-the-new-jersey-supreme-court-of-an-attorney-with-prior-discipline-that-included-a-t.html

Bar Discipline & Process | Permalink

Comments

Post a comment