Opinion
088027
06-26-2024
IN THE MATTER OF JOHN CHARLES ALLEN AN ATTORNEY AT LAW (ATTORNEY NO. 050991994)
ORDER
The Disciplinary Review Board having filed with the Court its decision in DRB 22-190, recommending on the record certified to the Board pursuant to Rule 1:20-4(f) (default by respondent) that John Charles Allen, formerly of New Brunswick, who was admitted to the bar of this State in 1995, and who has been suspended from the practice of law since July 6, 2021, be disbarred for violating RPC 1.3 (lacking diligence), RPC 1.4(b) (failing to keep a client reasonably informed about the status of a matter and to comply with reasonable requests for information), RPC 1.5(a) (committing fee overreaching), RPC 1.5(c) (failing to provide in writing whether expenses would be deducted before or after the contingent fee is calculated), RPC 1.16(d) (upon termination of the representation, failing to refund any advance payment of a fee that has not been earned or incurred and failing to surrender papers and property to which the client is entitled), and RPC 8.1(b) (failing to cooperate with disciplinary authorities) (two instances);
And the Disciplinary Review Board having further recommended that respondent should disgorge to respondent’s client Spicer the entire retainer fee of $5,450 paid by the client;
And John Charles Allen, having been ordered to show cause why respondent should not be disbarred or otherwise disciplined;
And good cause appearing;
It is ORDERED that John Charles Allen be disbarred, effective immediately, and that respondent’s name be stricken from the roll of attorneys; and it is further ORDERED that John Charles Allen be and hereby is permanently restrained and enjoined from practicing law; and it is further
ORDERED that respondent shall disgorge to respondent’s client Spicer the entire retainer fee of $5,450 paid by the client; and it is further
ORDERED that John Charles Allen comply with Rule 1:20-20 dealing with disbarred attorneys; and it is further
ORDERED that all funds, if any, currently existing or hereinafter deposited in any New Jersey financial institution maintained by John Charles Allen pursuant to Rule 1:21-6 be restrained from disbursement and shall be transferred by the financial institution to the Clerk of the Superior Court, who is directed to deposit the funds in the Superior Court Trust Fund pending further order of the Court; 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.