Opinion
Docket No. DRB 11-175
09-16-2011
RE: In the Matter of Alexander R. De Sevo
LOUIS PASHMAN, ESQ. CHAIR BONNIE C. FROST, ESQ. VICE-CHAIR EDNA Y. BAUGH, ESQ. BRUCE W. CLARK, ESQ. JEANNE DOREMUS HON. REGINALD STANTON 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
LOUIS PASHMAN, ESQ. CHAIR
BONNIE C. FROST, ESQ. VICE-CHAIR
EDNA Y. BAUGH, ESQ.
BRUCE W. CLARK, ESQ.
JEANNE DOREMUS
HON. REGINALD STANTON
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 VIA CERTIFIED MAIL , R.R.R & REGULAR MAIL Alexander R. De Sevo, Esq.
1044 West Front Street
Red Bank, New Jersey 07701 District Docket No. IIIA-2010-0026E
LETTER OF ADMONITION Dear Mr. De Sevo:
The Disciplinary Review Board reviewed the motion for discipline by consent (reprimand or such lesser discipline that the Board deems warranted), filed by the District II Ethics Committee in the above matter, pursuant to 1:20-10. Following a review of the record, the Board determined to grant the motion and to impose an admonition.
Specifically, while working for the law firm of Levinson Axelrod, you mishandled three personal injury matters that were dismissed with prejudice. In one of the cases, you failed to file a complaint before the statute of limitations expired but filed an amended complaint that included the client's second accident within the appropriate time. Nevertheless, the case was dismissed for lack of prosecution because you failed to serve the defendant with the summons and complaint. In a second case, you named the wrong defendant and the statute of limitations expired before the mistake was discovered. In the third case, you failed to provide discovery in the matter. You also failed to communicate with one of the clients. Your conduct was unethical and a violation of RPC 1.1(a), RPC 1.1(b), RPC 1.3, and RPC 1.4(b).
Although twenty-one of your cases had been dismissed without prejudice, due to various discovery issues, they were reinstated and three of the twenty-five were transferred to your new law firm. --------
In imposing only an admonition, the Board considered that, while you were employed by the firm, you were the managing partner for the firm's Forked River office from 2008 until your termination, in August 2010, and that, in addition to those responsibilities, you were responsible for approximately 130 to 150 files at any given time; that, on numerous occasions, you requested help with your case load and management of the Forked River office, but were informed that, "due to the economics of the practice, no assistance would be provided;" that you suffered from personal problems during that time, for which you underwent counseling; and that you had no ethics history.
Your conduct adversely reflected not only upon you as an attorney, but also upon all members of the bar. Accordingly, the Board has directed the issuance of this admonition to you. R. 1:20-15(f)(4).
A permanent record of this occurrence has been filed with the Clerk of the Supreme Court and the Board's office. Should you become the subject of any further discipline, it will be taken into consideration.
The Board has also directed that the costs of the disciplinary proceedings be assessed against you. An invoice of costs will be forwarded under separate cover.
Very truly yours,
/s/
Julianne K. DeCore
Chief Counsel JKD/
c. Chief Justice Stuart Rabner
Associate Justices
Louis Pashman, Chair
Disciplinary Review Board
Mark Neary, Clerk
Supreme Court of New Jersey
Gail G. Haney, Deputy Clerk
Supreme Court of New Jersey (w/ethics history)
Charles Centinaro, Director
Office of Attorney Ethics
Eugenia M. Lynch, Chair, District IIIA Ethics Committee
Steven Secare, Secretary, District IIIA Ethics Committee
Levinson, Axelrod, Grievant