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In re In re Tomar

July 23, 2008

IN THE MATTERS OF TOMAR, SIMONOFF, ADOURIAN, O'BRIEN, KAPLAN, JACOBY & GRAZIANO, P.C. (D-67); MICHAEL A. KAPLAN (D-68); (ATTORNEY ID NO.255291969) RONALD A. GRAZIANO (D-69); (ATTORNEY ID NO. 001521974) CHARLES H. RILEY (D-70); (ATTORNEY ID NO. 003711973) CYNTHIA ANN BRASSINGTON (D-71); (ATTORNEY ID NO. 012951993) DAVID T. JACOBY (D-72); ORDER (ATTORNEY ID NO. 283181972) ROBERT F. O'BRIEN (D-73); (ATTORNEY ID NO. 252081969) ALAN H. SKLARSKY (D-74); (ATTORNEY ID NO. 014041978) ROBERT M. CAPUANO (D-75); (ATTORNEY ID NO. 022041977) HOWARD S. SIMONOFF (D-76); (ATTORNEY ID NO. 207151961) EDWARD N. ADOURIAN, JR. (D-77); (ATTORNEY ID NO. 207441961) ALFRED P. VITARELLI (D-78); (ATTORNEY ID NO. 005791977) AND CHARLES L. WINNE (D-79), (ATTORNEY ID NO. 014881975) ATTORNEYS AT LAW.


The Disciplinary Review Board having filed with the Court its decision in DRB 04-186, 04-187, 04-275, 07-015, 07-016, 07-018, 07-019, 07-020, 07-021, 07-022, 07-023, and 07-024, concluding that (1) the defunct law firm of TOMAR, SIMONOFF, ADOURIAN, O'BRIEN, KAPLAN, JACOBY & GRAZIANO, P.C., formerly of CHERRY HILL, CAMDEN AND NORTHFIELD, NEW JERSEY, AND WILMINGTON, DELAWARE, should be censured for violating RPC 5.1(a) (failure to satisfy responsibilities of law firms), RPC 5.3(a) (failure to adopt and maintain reasonable efforts concerning conduct of retained or employed non-lawyers), RPC 5.4(a) (prohibited fee sharing), RPC 7.3(d) (improper compensation for recommendation or securing lawyer's employment), RPC 8.3(a) (failure to report professional misconduct of another), and RPC 8.4(a) (engaging in or knowingly assisting or inducing professional misconduct); and,

(2) MICHAEL A. KAPLAN, of MARLTON, who was admitted to the Bar of this State in 1969, should be suspended from the practice of law for a period of one year for violating RPC 5.3(a) (failure to adopt and maintain reasonable efforts concerning conduct of retained or employed non-lawyers), RPC 5.3(b) (failure to directly supervise conduct of retained or employed non-lawyers), RPC 5.4(a) (prohibited fee sharing), RPC 7.3(d) (improper fee sharing), RPC 8.1(b) (failure to disclose fact necessary to correct misapprehension), RPC 8.3(a) (failure to report professional misconduct of another), and RPC 8.4(a) (engaging in or knowingly assisting or inducing professional misconduct); and,

(3) RONALD A. GRAZIANO, of CHERRY HILL, who was admitted to the Bar of this State in 1974, should be suspended from the practice of law for a period of one year for violating RPC 1.15(a) (failure to safeguard client funds), RPC 3.3(a)(5) (failure to disclose a material fact to a tribunal), RPC 5.1(c)(1) (ordering or ratifying another lawyer's conduct), RPC 5.3(a) (failure to adopt and maintain reasonable efforts concerning conduct of retained or employed non-lawyers), RPC 5.3(b) (failure to directly supervise conduct of retained or employed non-lawyers), RPC 5.4(a) (prohibited fee sharing), RPC 7.3(d) (improper fee sharing), RPC 8.1(b) (failure to disclose fact necessary to correct misapprehension), RPC 8.3(a) (failure to report professional misconduct of another), RPC 8.4(a) (engaging in or knowingly assisting or inducing professional misconduct), RPC 8.4(c) (conduct involving dishonesty, fraud, deceit or misrepresentation), and RPC 8.4(d) (engaging in conduct prejudicial to the administration of justice); and,

(4) CHARLES H. RILEY, of CHERRY HILL, who was admitted to the Bar of this State in 1973, should be suspended from the practice of law for a period of six months for violating RPC 5.3(a) (failure to adopt and maintain reasonable efforts concerning conduct of retained or employed non-lawyers), RPC 5.3(b) (failure to directly supervise conduct of retained or employed non-lawyers), RPC 5.4(a) (prohibited fee sharing), RPC 7.3(d) (improper fee sharing), RPC 8.1(b) (failure to disclose fact necessary to correct misapprehension), RPC 8.3(a) (failure to report professional misconduct of another), and RPC 8.4(a) (engaging in or knowingly assisting or inducing professional misconduct); and

(5) CYNTHIA ANN BRASSINGTON, of LINWOOD, who was admitted to the Bar of this State in 1993, should be reprimanded for violating RPC 1.15 (failure to safeguard funds; recordkeeping), RPC 8.4(a) (engaging in or knowingly assisting or inducing professional misconduct), and RPC 8.4(c) (conduct involving dishonesty, fraud, deceit or misrepresentation); and

(6) DAVID T. JACOBY, of CHERRY HILL, who was admitted to the Bar of this State in 1972, should not be disciplined for violating RPC 5.3(a) (failure to adopt and maintain reasonable efforts concerning conduct of retained or employed non-lawyers), RPC 5.4(a) (prohibited fee sharing), RPC 7.3(d) (improper fee sharing), RPC 8.1(b) (failure to disclose fact necessary to correct misapprehension), RPC 8.3(a) (failure to report professional misconduct of another), and RPC 8.4(a) (engaging in or knowingly assisting or inducing professional misconduct); and

(7) ROBERT F. O'BRIEN, of NORTHFIELD, who was admitted to the Bar of this State in 1969, should not be disciplined for violating RPC 5.3(a) (failure to adopt and maintain reasonable efforts concerning conduct of retained or employed non-lawyers), RPC 5.4(a) (prohibited fee sharing), RPC 7.3(d) (improper fee sharing), RPC 8.1(b) (failure to disclose fact necessary to correct misapprehension), RPC 8.3(a) (failure to report professional misconduct of another), and RPC 8.4(a) (engaging in or knowingly assisting or inducing professional misconduct); and

(8) ALAN H. SKLARSKY, of CHERRY HILL, who was admitted to the Bar of this State in 1978, should not be disciplined for violating RPC 5.1(c)(1) (ordering or ratifying another lawyer's conduct), RPC 5.3(a) (failure to adopt and maintain reasonable efforts concerning conduct of retained or employed non-lawyers), RPC 5.4(a) (prohibited fee sharing), RPC 7.3(d) (improper fee sharing), RPC 8.1(b) (failure to disclose fact necessary to correct misapprehension), RPC 8.3(a) (failure to report professional misconduct of another), and RPC 8.4(a) (engaging in or knowingly assisting or inducing professional misconduct); and

(9) ROBERT M. CAPUANO, of MARLTON, who was admitted to the Bar of this State in 1977, should not be disciplined for violating RPC 5.1(c)(1) (ordering or ratifying another lawyer's conduct), RPC 5.3(a) (failure to adopt and maintain reasonable efforts concerning conduct of retained or employed non-lawyers), RPC 5.4(a) (prohibited fee sharing), RPC 7.3(d) (improper fee sharing), RPC 8.1(b) (failure to disclose fact necessary to correct misapprehension), RPC 8.3(a) (failure to report professional misconduct of another), and RPC 8.4(a) (engaging in or knowingly assisting or inducing professional misconduct); and

(10) HOWARD S. SIMONOFF, formerly of CHERRY HILL, who was admitted to the Bar of this State in 1961, should not be disciplined for violating RPC 5.1(c)(1) (ordering or ratifying another lawyer's conduct), RPC 5.3(a) (failure to adopt and maintain reasonable efforts concerning conduct of retained or employed non-lawyers), RPC 5.4(a) (prohibited fee sharing), RPC 7.3(d) (improper fee sharing), RPC 8.1(b) (failure to disclose fact necessary to correct misapprehension), RPC 8.3(a) (failure to report professional misconduct of another), and RPC 8.4(a) (engaging in or knowingly assisting or inducing professional misconduct); and

(11) EDWARD M. ADOURIAN, JR., formerly of CHERRY HILL, who was admitted to the Bar of this State in 1961, should not be disciplined for violating RPC 5.1(c)(1) (ordering or ratifying another lawyer's conduct), RPC 5.3(a) (failure to adopt and maintain reasonable efforts concerning conduct of retained or employed non-lawyers), RPC 5.4(a) (prohibited fee sharing), RPC 7.3(d) (improper fee sharing), RPC 8.1(b) (failure to disclose fact necessary to correct misapprehension), RPC 8.3(a) (failure to report professional misconduct of another), and RPC 8.4(a) (engaging in or knowingly assisting or inducing professional misconduct); and

(12) ALFRED P. VITARELLI, of HADDONFIELD, who was admitted to the Bar of this State in 1977, should not be disciplined for violating RPC 5.1(c)(1) (ordering or ratifying another lawyer's conduct), RPC 5.3(a) (failure to adopt and maintain reasonable efforts concerning conduct of retained or employed non-lawyers), RPC 5.4(a) (prohibited fee sharing), RPC 7.3(d) (improper fee sharing), RPC 8.1(b) (failure to disclose fact necessary to correct misapprehension), RPC 8.3(a) (failure to report professional misconduct of another), and RPC 8.4(a) (engaging in or knowingly assisting or inducing professional misconduct); and

(13) CHARLES L. WINNE, of MT. LAUREL, who was admitted to the Bar of this State in 1975, should not be disciplined for violating RPC 5.1(c)(1) (ordering or ratifying another lawyer's conduct), RPC 5.3(a) (failure to adopt and maintain reasonable efforts concerning conduct of retained or employed non-lawyers), RPC 5.4(a) (prohibited fee sharing), RPC 7.3(d) (improper fee sharing), RPC 8.1(b) (failure to disclose fact necessary to correct misapprehension), RPC 8.3(a) (failure to report professional misconduct of another), and RPC 8.4(a) (engaging in or knowingly assisting or inducing professional misconduct); And MICHAEL A. KAPLAN, RONALD A GRAZIANO, CHARLES H. RILEY, CYNTHIA ANN BRASSINGTON, DAVID T. JACOBY, and ROBERT F. O'BRIEN having been ordered to show cause why each of them should not be disbarred or otherwise disciplined;

And ALAN H. SKLARSKY, ROBERT M. CAPUANO, HOWARD S. SIMONOFF, EDWARD N. ADOURIAN, JR., ALFRED P. VITARELLI, and CHARLES L. WINNE having consented to the imposition of a reprimand as the appropriate measure of discipline;

And the Court having determined that no complaint was filed against the defunct law firm of TOMAR, SIMONOFF, ADOURIAN, ...


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