Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Witherington

January 21, 1982

IN THE MATTER OF C. DAVID WITHERINGTON, AN ATTORNEY AT LAW

ORDER

This matter coming before the Court on an order to show cause why C. DAVID WITHERINGTON of Caldwell should not be disbarred or otherwise disciplined; and good cause appearing

It is ORDERED that the report of the Disciplinary Review Board recommending that the respondent be disbarred is hereby adopted; and it is further

Ordered that C. DAVID WITHERINGTON be disbarred and that his name be stricken from the roll of attorneys of this State, effective immediately; and it is further

Ordered that C. DAVID WITHERINGTON be and hereby is permanently restrained and enjoined from practicing law; and it is further

Ordered that C. DAVID WITHERINGTON reimburse the Administrative Office of the Courts for the cost of all stenographic transcripts in this matter.

Decision and Recommendation of the Disciplinary Review Board

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

This matter is before the Board based upon a presentment filed by the District V Ethics Committee. At the time of the hearing before the District Ethics Committee, two complaints against the respondent were withdrawn by the individual complainants. One was the complaint of Jean McCann, a beneficiary of the Estate of Josephine Peer. The Peer defalcation was incorporated in the Cowen v. Witherington complaint based on one of the counts of the criminal indictment against respondent and therefore duplicative. The second complaint where withdrawal was permitted was filed by Barbara Lee Sandusky whose allegations related to failure to properly administer her father's estate. Ms. Sandusky declined to appear after receiving satisfaction from the Clients' Security Fund. A third matter was dismissed by the Committee following a hearing and no appeal was sought by the complainant. Also, two complaints were consolidated to form the basis of the instant matter.

Respondent admitted that in his capacity as an attorney-at-law and a fiduciary, he misappropriated, misapplied and embezzled trust funds coming into his possession in the following matters and in the following estimated amounts:

1. Estate of Evald H. Milkop $25,000.00

2. Estate of Josephine Peer 23,000.00

3. Elsie Cote (matrimonial) ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.