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In re Silber

October 7, 1985

IN THE MATTER OF SIEGMAR SILBER, AN ATTORNEY AT LAW

ORDER

The Disciplinary Review Board having filed a report recommending that SIEGMAR SILBER of PATERSON, who was admitted to the Bar of this State in 1970, be publicly reprimanded for aiding in the unauthorized practice of law in violation of DR 3-101, and good cause appearing;

It is ORDERED that the report of the Disciplinary Review Board is hereby adopted and that SIEGMAR SILBER be and hereby is publicly reprimanded for his violation of DR 3-101; and it is further

Ordered that the Decision and Recommendation of the Disciplinary Review Board, together with this order and the full

record of the matter, be added as a permanent part of the file of said SIEGMAR SILBER as and attorney of the State of New Jersey; and it is further

Ordered that SIEGMAR SILBER reimburse the Ethics Financial Committee for appropriate administrative costs in this matter.

Decision and Recommendation of the Disciplinary Review Board

This matter is before the Board based upon a panel report of the District XI (Passaic County) Ethics Committee recommending a private reprimand. After initial review the Board determined to consider it as a presentment.

Respondent is charged with violating DR 3-101 by aiding in the unauthorized practice of law. The underlying facts are as follows:

Respondent instructed his law clerk to accompany his client Kathleen Perrow to the Passaic County Courthouse on November 23, 1982 and to answer the calendar call for him. He had another client in his office at that time and could not leave. Respondent had represented Ms. Perrow in 1978 in her initial divorce proceedings and was now representing her on her application for an increase in child support and for counsel fees. His client had refused his attempts to settle the matter out of court and the application was scheduled for a plenary hearing. Respondent also informed his law clerk, who had only been employed with him for about two months, to telephone him as soon as he was required to be there.

Either on the way or at the courthouse, the law clerk informed Ms. Perrow that she was not a member of the New Jersey Bar. At that time, the law clerk had passed the Pennsylvania Bar but had not yet been sworn in; she was awaiting the bar results from New Jersey and the Federal Patent office. Ms. Perrow did not comprehend the significance of this at that time because she was "so wrapped up in what was going to be

happening" and she was upset. When Ms. Perrow asked where Respondent was, ...


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