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Matter of Feuerstein

Decided: May 16, 1989.

IN THE MATTER OF STEPHEN FEUERSTEIN, AN ATTORNEY AT LAW


Honorable Robert N. Wilentz, Chief Justice

ORDER

The Disciplinary Review Board having filed a report with the Supreme Court recommending that STEPHEN FEUERSTEIN of ENGLISHTOWN, who was admitted to the bar of this State in 1973, be suspended from the practice of law for six months for his violations of DR 1-102(A)(5) and (6), DR 2-110(A)(1) and (2), DR 7-101(A), and DR 6-101(A)(1) and (2), and good cause appearing;

It is ORDERED that STEPHEN FEUERSTEIN is suspended from the practice of law, effective June 7, 1989, and it is further

ORDERED that the findings of the Disciplinary Review Board are hereby adopted; 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, are to be added as a permanent part of the file of STEPHEN FEUERSTEIN as an attorney-at-law of the State of New Jersey; and it is further

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

Ordered that STEPHEN FEUERSTEIN reimburse the Ethics Financial Committee for appropriate administrative costs; and it is further

Ordered that respondent comply with Administrative Guideline No. 23 of the Office of Attorney Ethics governing suspended attorneys.

APPENDIX

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 the Board's decision to treat as a presentment a recommendation by the District IX (Monmouth County) Ethics Committee that respondent be privately reprimanded. The facts are as follows:

Respondent was admitted to the New Jersey bar in 1973. He is also a member of the New York bar. Following his graduation from law school, he received a master's degree in taxation. His law practice is primarily oriented towards tax law and corporate matters. He occasionally handles tax litigation.

Respondent was retained by ISA New Jersey, Inc. ("ISA") to contest an imposition of New Jersey Sales Tax, Corporation

Business Tax, and Emergency Transportation Tax in the approximate amount of $100,000 plus substantial interest and penalties, totalling approximately $200,000. Respondent was recommended to ISA by a relative by marriage, a certified public accountant employed with an accounting firm engaged by ISA.

Respondent initially met with a partner in the accounting firm ("accountant") and with an officer of ISA. He was requested to attend a follow-up meeting at the offices of a New York attorney, who was introduced to him as ISA's corporate counsel. After that second meeting, respondent was retained to handle the tax litigation. From the outset, the ISA officer advised respondent that he had great confidence in the New York attorney's judgment and that respondent should deal primarily with that attorney and with the accountant.

On June 6, 1983, respondent filed a suit against the New Jersey Division of Taxation, contesting the imposition of the above taxes against ISA. Thereafter, he ...


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