Opinion
D-194 081674
01-08-2019
In the Matter of Maxwell X. Colby, An Attorney At Law (Attorney No. 018361975)
ORDER
The Disciplinary Review Board having filed with the Court its decision in DRB 18-061 and 18-062, concluding that Maxwell X. Colby of Ocean, who was admitted to the bar of this State in 1975, and who has been temporarily suspended from the practice of law since March 24, 2017, pursuant to Orders of the Court filed March 24, 2017 (temporary suspension) and March 14, 2018 (one-year suspension) should be suspended from the practice of law for a period of two years consecutive to the one-year term of suspension, for violating RPC 1.1(a)(gross neglect); RPC 1.3(lack of diligence); RPC 1.4(b)(failure to communicate with client); RPC 1.8(a)(conflict of interest); RPC 1.15(d)(recordkeeping); RPC 5.5(a)(1)(unauthorized practice of law); and RPC 8.1(b)(failure to cooperate with disciplinary authorities);
And the Disciplinary Review Board further having determined that prior to reinstatement to practice, respondent should be required to provide the Office of Attorney Ethics with all requested financial documentation and to cooperate fully with outstanding requests and that respondent should be required to practice under supervision for a minimum of six months following reinstatement;
And good cause appearing;
It is ORDERED that Maxwell X. Colby is suspended from the practice of law for a period of two years and until the further Order of the Court, effective March 15, 2019; and it is further;
ORDERED that prior to reinstatement to practice, respondent shall provide the Office of Attorney Ethics with all requested financial documentation and cooperate fully with all outstanding requests; and it is further
ORDERED that following reinstatement to practice, respondent shall practice under the supervision of a practicing attorney approved by the Office of Attorney Ethics of a period of six months and until the further Order of the Court; and it is further
ORDERED that respondent shall continue to 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.
WITNESS, the Honorable Stuart Rabner, Chief Justice, at Trenton, this 8th day of January, 2019.
/s/
CLERK OF THE SUPREME COURT