See, e.g., The Florida Bar v. Neale, 384 So.2d 1264 (Fla. 1980); In Re Mason, 203 S.W.2d 750 (Mo. App. 1947). State Ex Rel. Nebraska State Bar Association v. Pinkett, 157 Neb. 509, 60 N.W.2d 641 (1953); In Re Gelzer, 31 N.J. 542, 158 A.2d 331 (1960); In Conduct of Gygi, 273 Or. 443, 541 P.2d 1392 (1975). III.
We are of the opinion that either the proofs do not support these conclusions (respondent was not engaged until after the contract was signed) or involve deficiencies attributable to simple negligence. In re Gelzer, 31 N.J. 542, 543 (1960). We do agree and concur in the Committee's findings that he failed to communicate adequately with Mr. and Mrs. O'Connell and that such conduct "tends to support and justify many of the current negative attitudes by the public at large towards the legal profession."
Respondent suspended from practice for one year and until further order of the court. Opinion reported at 31 N.J. 542.
On the return date of the motion, counsel for Chicago Title admitted that there are no reported cases in New Jersey which would control the issue of Chicago Title's liability for the actions of its "approved attorney", Mr. Blanchard, on an agency theory. While there are numerous cases dealing with conduct akin to that of Blanchard in the context of attorney discipline, see, e.g., Matter of April, 69 N.J. 44 (1976); In re Weinblatt, 48 N.J. 559 (1967); In re Duckworth, 47 N.J. 235 (1966); In re Gelzer, 31 N.J. 542 (1960), my research has discovered no New Jersey cases dealing with the precise issue presented in this motion: Did the "approved attorney" letter establish an agency relationship between Blanchard and Chicago Title? Nevertheless, I conclude that it did not. First, the "approved attorney" letter designating Blanchard as such was clearly issued to First Fidelity Bank with reference to the closing of the mortgage on the Oakhurst property.
den. 93 N.J. 261 (1983), (2) the legislative design in enacting overlapping laws incriminating the same unlawful conduct, see, e.g., State v. Best, supra 70 N.J. at 61; State v. Davis, supra 68 N.J. at 77-78; State v. Ruiz, 68 N.J. 54, 66 (1975) (Pashman, J., dissenting); State v. Cormier, 46 N.J. 494, 500-502 (1966); State v. Stenson, 174 N.J. Super. 402, 406 (Law Div. 1980) aff'd 188 N.J. Super. 361 (App.Div. 1982); State v. Bontempo, 170 N.J. Super. 220, 236 (Law Div. 1979), certif. den. 87 N.J. 317 (1981) and (3) whether multiple offenses emanate from a single criminal transaction or episode, Ashe v. Swenson, 397 U.S. 436, 450, 90 S.Ct. 1189, 1197, 25 L.Ed.2d 469, 479 (1970); State v. Roller, supra 29 N.J. at 345-346; State v. Hoag, 21 N.J. 496, 503 (1956), aff'd 356 U.S. 464, 78 S.Ct. 829, 2 L.Ed.2d 913 (1958); State v. Greely, 30 N.J. Super. 180, 184-185 (Cty.Ct. 1954), aff'd 31 N.J. 542 (App.Div. 1954). No single test "has achieved universal acceptance."