Opinion
087138
06-26-2024
In the MATTER OF John Charles ALLEN An Attorney at Law (Attorney No. 050991994)
611 ORDER
The Disciplinary Review Board having filed with the Court its consolidated decision in DRB 21-260 and DRB 21-264, 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 1.1(a) (committing gross neglect), RPC 1.2(a) (failing to abide by the client’s decisions), RPC 1.3 (lacking diligence) (two instances), 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) (charging an unreasonable fee - not performing work), RPC 1.7(a)(2) (engaging in a conflict of interest), RPC 1.16(a)(2) 612(failing to withdraw from representation if the lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client), RPC 1.16(a)(3) (failing to withdraw from representation despite being discharged by the client) (two instances), RPC 1.16(d) (failing to protect the client’s interests upon termination of representation) (two instances), RPC 3.2 (failing to expedite litigation), RPC 3.4(c) (knowingly disobeying an obligation under the rules of a tribunal), RPC 5.5(a)(1) (practicing law while suspended), RPC 8.1(a) (knowingly making a false statement of material fact in a disciplinary matter), RPC 8.1(b) (failing to cooperate with disciplinary authorities) (four instances), RPC 8.4(b) (committing a criminal act that reflects adversely on lawyer’s honesty, trustworthiness, or fitness as a lawyer — practicing law while suspended in violation of N.J.S.A. 2C:21 -22(b)(1)), RPC 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation) (four instances), and RPC 8.4(d) (engaging in conduct prejudicial to the administration of justice);
And the Disciplinary Review Board having further recommended that respondent should disgorge to respondent’s client Lopez the entire fee of $5,500 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 Lopez the entire retainer fee of $5,500 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
613ORDERED 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.