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In re Abasolo

Supreme Court of New Jersey

April 3, 2018

IN THE MATTER OF GARY CLARIN ABASOLO AN ATTORNEY AT LAW

          Argued: January 18, 2018

         District Docket No. VI-2015-0016E

          Richard J. Villanova appeared on behalf of the District VI Ethics Committee.

          Respondent appeared pro se.

          Ellen A. Brodsky Chief Counsel

          DECISION

          BRUCE W. CLARK, VICE-CHAIR

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

         This matter was before us on a recommendation for a reprimand filed by the the District VI Ethics Committee (DEC). A one-count complaint charged respondent with violations of RPC 1.1(a) and (b) (gross neglect and pattern of neglect), RPC 1.3 (lack of diligence), and RPC 1.4(b) (failure to keep the client adequately informed and to promptly reply to the client's reasonable requests for information). We determine to impose a reprimand.

         Respondent was admitted to the New Jersey bar in 1994. He has no prior discipline.

         In his answer to the complaint and again at the DEC hearing, respondent admitted the essential facts underlying his misconduct, as follows:

         Carmen Cruz, the grievant, retained respondent in October 2007 to represent her for injuries sustained in an August 25, 2007 slip-and-fall accident. Exactly two years later, on August 25, 2009, respondent filed a timely complaint in Superior Court of New Jersey.

         On May 3, 2010, defendant's counsel served respondent with interrogatories. On July 19, September 22, and November 17, 2010, defendant's counsel informed respondent that the time to answer interrogatories had expired, and that a motion to dismiss would follow, if answers were not received.

         Hearing nothing from respondent, on February 16, 2011, defendant's counsel filed a motion to dismiss the complaint, without prejudice, for plaintiff's failure to provide answers to interrogatories. On April 15, 2011, the court granted the motion. Respondent neither provided answers nor moved for reinstatement of the complaint for months thereafter.

         On December 13, 2011, defendant's counsel filed a motion to dismiss the complaint, with prejudice. On January 14, 2012, Cruz completed the interrogatories, which respondent served on his adversary. Defendant's counsel then withdrew the motion ...


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