Over The Threshold

An attorney's misconduct drew disbarment from the New Jersey Supreme Court.

The attorney's history of discipline and present misconduct led the Disciplinary Review Board to conclude

In sum, we find that respondent violated RPC 1.1(a) (Leigh and Barbarisi matters); RPC 1.3 (Leigh, Barbarisi and Poth matters); RPC 1.4(b) (Leigh; Barbarisi; Cruz; Fonseca; Marfitsin; and Poth matters); RPC 1.15(b) (Cruz, Gutierrez, and Marfitsin matters); RPC 5.1(b) (D.K. matter); RPC 5.5(a)(1) (D.K.; Fonseca; Gutierrez; and Marfitsin matters); RPC 8.1(b) (Leigh; Barbarisi; Cruz; D.K.; Gutierrez; Fonseca; Marfitsin; and Poth matters plus the three defaults); RPC 8.4(b) (D.K.; Fonseca; Gutierrez; and Marfitsin matters); and RPC 8.4(c) (Marfitsin matter).

However, we determine to dismiss the charged violations of RPC 8.4(d) in the D.K.; Gutierrez; Fonesca; and Marfitsin matters. Those charges are based solely on respondent’s failure to comply with the Court’s Order of suspension in Kassem II, which required that he refrain from practicing law. However, respondent’s violation of that Order is fully encompassed by the charged violations of RPC 5.5(a)(1). We further determine to dismiss, for the reasons set forth above, the charged violations of RPC 3.2 and RPC 8.4(c) in the Poth matter.

Sanction

An attorney’s cooperation with the disciplinary system (and discipline for failing to do so) serves as the cornerstone for the public’s confidence that it will be protected from unethical attorneys. Respondent’s ongoing behavior reflects a complete disregard for his clients and utter disdain for New Jersey’s disciplinary system. Such behavior by an attorney cannot be tolerated. Through this fifth disciplinary matter, respondent has established a penchant for breaching his duties to his clients. In our view, respondent’s egregious mistreatment of his clients, coupled with his unauthorized practice of law while suspended, in addition to his growing disciplinary history, places him over the threshold of disbarment.

(Mike Frisch)