Opinion
D-50 September Term 2020 085349
05-19-2021
In the MATTER OF Scott Joseph CAPRIGLIONE, an Attorney at Law (Attorney No. 002411988)
ORDER The Disciplinary Review Board having filed with the Court its decision in DRB 20-050, concluding that Scott Joseph Capriglione of Princeton, who was admitted to the bar of this State in 1988, should be suspended from the practice of law for a period of one year for violating RPC 1.1(a) (gross neglect); RPC 1.1(b) (pattern of neglect); RPC 1.3 (lack of diligence); RPC 1.4(b) (failure to communicate with client); RPC 1.16(d) (on termination of representation, failure to surrender the client's papers and property); RPC 3.2 (failure to expedite litigation); RPC 3.3(a)(l) (false statement of material fact or law to a tribunal); RPC 3.3(a)(4) (offering evidence the lawyer knows to be false); RPC 8.4(c) (conduct involving dishonesty, fraud, deceit or misrepresentation); and RPC 8.4(d) (conduct prejudicial to the administration of justice);
And the Disciplinary Review Board having concluded that respondent should be required to immediately refund his fee in the Jones matter (VII-2017-0012E);
And the Disciplinary Review Board having further concluded that respondent should be required to provide proof of his fitness to practice law as attested to by a mental health professional approved by the Office of Attorney Ethics prior to reinstatement to practice;
And good cause appearing;
It is ORDERED that Scott Joseph Capriglione is suspended from the practice of law for a period of one year, and until the further Order of the Court, effective June 16, 2021; and it is further ORDERED that respondent shall refund the $1,000 retainer paid by his client in the Jones matter (VII-2017-0012E) within thirty days after the filing date of this Order; and it is further
ORDERED that prior to reinstatement to practice, respondent shall provide proof of his fitness to practice law as attested to by a mental health professional approved by the Office of Attorney Ethics; and it is further
ORDERED that respondent 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 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.