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In re Planer

November 9, 1983

IN THE MATTER OF FRANK J. PLANER AN ATTORNEY-AT-LAW

ORDER

This matter having come before the Court on an order to show cause why FRANK J. PLANER of HACKENSACK should not be disbarred or otherwise disciplined for his violation of DR 1-102(A)(3), (4), (5), (6) and DR 9-102(B)(4), and said FRANK J. PLANER having failed to appear before this Court on the return date of said order to show cause, and good cause appearing

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

Ordered that FRANK J. PLANER be disbarred and that his name be stricken from the roll of attorneys of this State, effective immediately; and it is further

Ordered that FRANK J. PLANER be and hereby is permanently restrained and enjoined from practicing law; and it is further

Ordered that FRANK J. PLANER reimburse the Administrative Office of the Courts for administrative costs, including production of transcripts; and it is further

Ordered that respondent be served by Certified Mail to his last known address and by publication of this Order in two consecutive issues of the New Jersey Law Journal; and it is further

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

Decision and Recommendation of the Disciplinary Review Board

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

This matter is before the Board based upon a Presentment and supplemental Presentment filed by the District II Ethics Committee which concern numerous misappropriations of client funds by the respondent. Eight separate ethics complaints were considered by the District II Ethics Committee in arriving at its decision. These complaints may be summarized as follows:

A. Schabilon Complaint

Emil Schabilon was involved in an automobile accident in 1975. He retained the respondent to represent him in a suit against All State Insurance Company for payment of medical bills incurred. The parties agreed to settle the case for $3,000. A check in that amount was forwarded to the respondent by the insurance company, and was endorsed by Mr. Schabilon. The check was then deposited in respondent's trust account. Although respondent pursuant to his agreement with his client, was to retain $659 as his fee and pay the balance of $2,341 to the various physicians involved, he failed to pay the physicians and utilized the money for his own purposes. The Clients' Security Fund later awarded $2,341 on Mr. Schabilon's claim against the respondent.

The District II Ethics Committee concluded that the respondent had violated DR 1-102(A)(3), (4), ...


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