Opinion
Docket No. DRB 11-290
11-30-2011
Re: In the Matter of Nathaniel Martin Davis
JULIANNE K. DECORE CHIEF COUNSEL ISABEL FRANK DEPUTY CHIEF COUNSEL ELLEN A. BRODSKY FIRST ASSISTANT COUNSEL LILLIAN LEWIN DONA S. SEROTA -TESCHNER COLIN T. TAMS KATHRYN ANNE WINTERLE ASSISTANT COUNSEL
LOUIS PASHMAN, ESQ. CHAIR
BONNIE C. FROST, ESQ. VICE-CHAIR
EDNA Y. BAUGH, ESQ.
BRUCE W. CLARK, ESQ.
JEANNE DOREMUS
SPENCER V. WISSINGER, III
MORRIS YAMNER, ESQ.
ROBERT C. ZMIRICH JULIANNE K. DECORE
CHIEF COUNSEL ISABEL FRANK
DEPUTY CHIEF COUNSEL ELLEN A. BRODSKY
FIRST ASSISTANT COUNSEL LILLIAN LEWIN
DONA S. SEROTA -TESCHNER
COLIN T. TAMS
KATHRYN ANNE WINTERLE
ASSISTANT COUNSEL RICHARD J. HUGHES JUSTICE COMPLEX Mark Neary, Clerk
Supreme Court of New Jersey
P.O. Box 970
Trenton, New Jersey 08625-0962 District Docket No. VA-2010-0027E Dear Mr. Neary:
The Disciplinary Review Board reviewed the motion for discipline by consent (reprimand or such lesser discipline as the Board may determine is warranted) filed by the District VA Ethics Committee in the above matter, pursuant to R. 1:20-10. Following a review of the record, the Board determined to grant the motion. In the Board's view, a reprimand is the appropriate discipline for respondent's violation of RPC 1.16 (d) (failure upon termination of the representation to promptly turn over client file to subsequent counsel).
Specifically, in February 2009, respondent represented Shirley Thompson in a personal injury matter. In November 2009, Thompson terminated the representation in favor of new counsel, who also, at the time, represented her in an employment discrimination matter.
On November 30, 2009, new counsel advised respondent of his retention for Thompson's personal injury matter and requested a copy of her file. From then until May 14, 2010, respondent failed to turn the file over to new counsel. Specifically, respondent ignored a November 30, 2009 oral request for the file and written requests, dated December 3, 2009, March 21, and May 3, 2010. Thereafter, her new attorney made an in-person request for the file at respondent's office, on May 5, 2010, and wrote a final letter requesting the file, on May 14, 2010. On May 21, 2010, respondent finally turned the file over to Thompson's new attorney.
The parties stipulated that, in mitigation, Thompson's claim was not prejudiced by respondent's actions. In aggravation, however, respondent has a 2007 reprimand for gross neglect and for lying to Pennsylvania ethics authorities, a Pennsylvania court, and opposing counsel, about his eligibility to practice law in that state.
Respondent's failure to promptly turn over Thompson's file to new counsel and disregard for several written, oral and personal requests for the file from new counsel for six months after the termination of the representation, violated RPC 1.16(d).
Enclosed are the following documents: 1. Notice of motion for discipline by consent, dated "6/30/01." 2. Stipulation of discipline by consent, dated Jun 30, 2011. 3. Affidavit of consent, dated June 29, 2011. 4. Ethics history, dated November 30, 2011.
This is an apparent error on the part of the presenter. The handwritten date appears to be "6/30/01", all other signatures regarding the matter were obtained in 2011. --------
Very truly yours,
/s/
Julianne K. DeCore
Chief Counsel JKD/sj
Ends.
c: Louis Pashman, Chair, Disciplinary Review Board
Charles Centinaro, Director, Office of Attorney Ethics
Stephen V. Falanga, Chair, District VA Ethics Committee
William B. Ziff, Acting Secretary, District VA Ethics
Committee
Alan Dexter Bowman, Respondent's Counsel
Eric Bailey, Grievant