Argued: January 17, 2019
Docket Nos. XIV-2017-0333E and XIV-2017-0344E
A. Glyn appeared on behalf of the Office of Attorney Ethics.
Respondent waived appearance for oral argument.
C. Frost, Chair
Honorable Chief Justice and Associate Justices of the Supreme
Court of New Jersey.
matter was before us on a disciplinary stipulation filed by
the Office of Attorney Ethics (OAE), in which respondent
admitted having violated RPC 1.15(a) (funds held in
the trust account in excess of those reasonably sufficient to
pay bank charges), RPC 1.15(d) and K 1:21-6
(recordkeeping deficiencies), RPC 8.1(a) (false
statement of material fact to disciplinary authorities),
RPC 8.1(b) (failure to cooperate with disciplinary
authorities), and RPC 8.4(c) (conduct involving
dishonesty, fraud, deceit or misrepresentation).
determine to impose a reprimand.
was admitted to the New Jersey bar in 1971. On July 15, 1985,
he was suspended for three months for gross neglect of an
appeal of a summary dispossess action. In re
Schwartz, 99 N.J. 510 (1985). Respondent was reinstated
by Court Order effective October 29, 1985. In re
Schwartz, N.J. (1985).
Court Order dated September 7, 2016, respondent was declared
ineligible to practice law for failure to pay the 2016 annual
attorney assessment to the New Jersey Lawyers' Fund for
Client Protection (CPF). On December 11, 2017, respondent was
deemed eligible to practice law and his status in the
attorney registration system was changed to
relevant times herein, respondent maintained a law office in
Teaneck, New Jersey. At Bank of America (BOA), he maintained
an attorney trust account (ATA) and an attorney business
31, 2017, BOA informed the OAE of a May 26, 2017 overdraft of
$129.42 in respondent's ATA. On June 5, 2017, BOA
reported a second, June 1, 2017 overdraft of $479.42.
Consequently, by letters dated June 7 and June 8, 2017, the
OAE asked respondent for a written explanation for the May 26
and June 1, 2017 overdrafts, and for his continued practice
of law during his period of CPF ineligibility. Respondent
failed to reply to those requests.
30, 2017, the OAE sent respondent another letter requesting
information. On that same date, the OAE received
respondent's explanation of the overdrafts. In respect of
the allegation that he practiced law while ineligible, he
asked, "Why do you say that I have been practicing law?
I retired from my practice in 2016."
12, 2017, the OAE demanded copies of respondent's ATA and
ABA bank statements from September 1, 2016 through the date
of the letter, as well as canceled checks and deposit slips.
On July 31, 2017, respondent sent to the OAE ATA bank
statements for September 2016 through June 2017, and an