Opinion
D-87-20
11-06-2021
In the Matter of Amanda J. Iannuzzelli, An Attorney At Law (Attorney No. 040722011)
ORDER
The Disciplinary Review Board having filed with the Court, its decision in DRB 20-129 recommending that as a matter of reciprocal discipline pursuant to Rule 1:20-14(a)(4)(E), Amanda J. Iannuzzelli, formerly of Media, Pennsylvania, who was admitted to the bar of this State in 2011, be disbarred based on discipline imposed in the Commonwealth of Pennsylvania that in New Jersey constitutes violations of RPC l.l(a)(gross neglect), RPC 1.3(lack of diligence), RPC 1.4(b)(failure to communicate with client), RPC 1.4(c)(failure to explain a matter to the extent reasonably necessary to permit the client to make informed decisions, RPC1.5(a)(unreasonable fee), RPC 1.5(b)(failure to set forth in writing the basis or rate of the fee), RPC 1.7(a)(2)(concurrent conflict of interest), RPC 1.15(a)(failure to safeguard funds, negligent misappropriation, and comingling), RPC 1.15(b)(failure to promptly deliver to the client funds the client is entitled to receive), RPC 1 1.15(c)(failure to keep disputed funds separate and intact), RPC 1.16(d)(on termination of representation, failure to take steps to the extent reasonably practicable to protect a client's interest), RPC 3.2(failure to expedite litigation), RPC 3.3(a)(1)(false statement of material fact to a tribunal), RPC 3.4(a)(unlawful obstruction of another party's access to evidence or concealment of a document having potential evidentiary value), RPC 3.4(f)(request a person other than a client to refrain from giving relevant information to another party), RPC 3.7(a)(a lawyer may not act as advocate at trial where the lawyer is likely to be a witness), RPC 4.1(a)(1)(false statement of fact or law to a third person), RPC 5.5(a)(unauthorized practice of law), RPC 8.1(a)(false statement of material fact in a disciplinary matter), RPC 8.1(b)(failure to cooperate with disciplinary authorities), RPC 8.4(a)(knowing assistance or inducement of another to violate the RPCs or to do so through the acts of another), RPC 8.4(b)(commission of a criminal act that reflects adversely on a lawyer's honesty, trustworthiness, or fitness as a lawyer), RPC 8.4(c)(conduct involving dishonesty, fraud, deceit or misrepresentation), and RPC 8.4(d)(conduct prejudicial to the administration of justice);
And Amanda J. Iannuzzelli having been ordered to show cause why she should not be disbarred or otherwise disciplined; 2
And the Court having reviewed the record in this matter, as supplemented with respondent's Affidavit dated October 6, 2021, and having considered the current position of the Office of Attorney Ethics that respondent's unethical conduct warrants a three-year prospective term of suspension with conditions on her practice;
And the Court having concluded that the appropriate quantum of discipline for respondent's unethical conduct is a three-year suspension from practice with conditions on her reinstatement to practice and on her practice following reinstatement;
And good cause appearing;
It is ORDERED that Amanda J. Iannuzzelli be suspended from the practice of law for a period of three years and until the further Order of the Court, effective immediately; and it is further
ORDERED that prior to reinstatement to the practice of law, Amanda J. Iannuzzelli shall submit proof of her fitness to practice law as attested to by a mental health professional approved by the Office of Attorney Ethics and shall successfully complete a continuing legal education course in law office management and two courses in professional responsibility, which courses shall be approved in advance by the Office of Attorney Ethics and which shall 3 be in addition to the credits and courses required by Rule 1:42; and it is further
ORDERED that after respondent is reinstated to the practice of law, she shall (1) practice law under the supervision of a practicing attorney approved by the Office of Attorney Ethics for a period of two years and until the Office of Attorney Ethics deems supervision to be no longer necessary, and (2) provide the Office of Attorney Ethics with quarterly proof of weekly participation in an OAE-approved alcohol and drug treatment program, for a period of two years and until the further Order of the Court; and it is further
ORDERED that Amanda J. Iannuzzelli comply with Rule 1:20-20 dealing with suspended attorneys; and it is further
ORDERED that pursuant to Rule 1:20-20(c), respondent's failure to comply with the Affidavit of Compliance requirement of Rule 1:20-20(b)(15) may (1) preclude the Disciplinary Review Board from considering respondent's petition for reinstatement for a period of up to six months from the date respondent files proof of compliance; (2) be found to constitute a violation of RPC 8.1(b) and RPC 8.4(d); and (3) provide a basis for an action for contempt pursuant to Rule 1:10-2; and it is further
ORDERED that the Second Amended Order to Show Cause filed in this 4 matter is hereby vacated; and it is further
ORDERED that the entire record of this matter be made a permanent part of respondent's file as an attorney at law of this State; and it is further
ORDERED that respondent reimburse the Disciplinary Oversight Committee for appropriate administrative costs and actual expenses incurred in the prosecution of this matter, as provided in Rule 1:20-17.
WITNESS, the Honorable Stuart Rabner, Chief Justice, at Trenton, this 1st day of November, 2021. 5