Opinion
D-68 September Term 2020 085449
09-13-2021
In the MATTER OF Stuart Thomas COTTEE, An Attorney At Law (Attorney No. 016511999)
ORDER
The Disciplinary Review Board having filed with the Court its decision in DRB 20-114, concluding that as a matter of reciprocal discipline pursuant to Rule 1:20-14(a)(E), Stuart Thomas Cottee of Philadelphia, Pennsylvania, who was admitted to the bar of this State in 1999, should be suspended from the practice of law for a period of three months based on discipline imposed in the Commonwealth of Pennsylvania for unethical conduct that in New Jersey violated RPC 1.1(a) (gross neglect), 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), RPC 1.5(b) (failure to set forth in writing the basis or rate of the fee), RPC 1.8(h)(1) and (h)(2) (requirement that a lawyer not make an agreement limiting his liability for malpractice, or settle such a claim or potential claim with an unrepresented client, or former client, unless that person is advised in writing of the desirability of seeking the advice of independent legal counsel, and is given a reasonable opportunity to do so), RPC 5.3(b) (requirement that a lawyer having direct supervisory authority over a nonlawyer make reasonable efforts to insure that his conduct is compatible with the professional obligations of the lawyer), RPC 5.3(c)(1) and (c)(2) (rendering the attorney responsible for such conduct if he orders or ratifies the conduct of the nonlawyer, or knows of it when its consequences can be avoided or mitigated, and fails to take reasonable remedial action), RPC 8.1(a) (false statement to 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), and RPC 8.4(c) (conduct involving dishonesty, fraud, deceit, or misrepresentation);
And good cause appearing;
It is ORDERED that Stuart Thomas Cottee is suspended from the practice of law for a period of three months, and until the further Order of the Court, effective October 12, 2021; 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.