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In re Zeitler

Decided: July 16, 1980.

IN THE MATTER OF RICHARD J. ZEITLER, AN ATTORNEY-AT-LAW

REPORT OF DISCIPLINARY REVIEW BOARD

Order

The Disciplinary Review Board having filed a report with this Court recommending that RICHARD J. ZEITLER of Edison be suspended from the practice of law for a period of two years from July 16, 1980, and respondent having appeared before this Court on November 18, 1980 in response to an order to show cause why disciplinary sanctions should not be imposed, and the Court having reviewed the record, and good cause appearing;

It is ORDERED that the report of the Disciplinary Review Board is hereby adopted and that RICHARD J. ZEITLER is suspended from the practice of law for a period of two years and until the further order of this Court, effective July 16, 1980; and it is further

Ordered that respondent be and hereby is restrained and enjoined from practicing law during the period of his suspension; and it is further

ORDERED that respondent comply with all the regulations of the Disciplinary Review Board governing suspended, disbarred or resigned attorneys.

To the Honorable Chief Justice and Associate Justices of the Supreme Court of New Jersey.

This matter is before the Board based on two presentments filed by the Middlesex County Ethics Committee.*fn* These presentments concern themselves with allegations of deceit and misrepresentation on the part of respondent based upon his failure to inform clients of the status of negligence suits instituted by him on their behalf. Upon a review of the full record the Board is satisfied that the conclusions of the Committee as to all matters are fully supported by clear and convincing evidence.

The misconduct which forms the basis of the presentments may be summarized as follows:

I. SPANGLER MATTER

In April 1968 respondent was retained by Mr. and Mrs. John Spangler to represent them and their son in a personal injury claim arising out of injuries suffered by Robert Spangler during a physical education class in one of the Woodbridge Township Public Schools. Respondent agreed to represent Robert Spangler in his personal injury claim and Mr. and Mrs. Spangler in their claim per quod. On May 23, 1969 respondent filed a complaint on behalf of the Spanglers, naming the local Board of Education and two teachers as defendants. Because of failure to answer interrogatories the complaint was dismissed on November 24, 1969. Respondent then moved to vacate the dismissal, which motion was denied on January 7, 1970 due to respondent's failure to serve the answers to interrogatories. Respondent finally served the answers to interrogatories on January 22,

1970. However, he did not serve a motion to restore until October 1970, which motion was shortly thereafter ...


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