Opinion
Docket No. DRB 12-407
04-19-2013
Re: In the Matter of Thomas E. Downs, IV
BONNIE C. FROST, ESQ., CHAIR EDNA Y. BAUGH, ESQ., VICE-CHAIR BRUCE W. CLARK, ESQ. JEANNE DOREMUS HON. MAURICE J. GALLIPOLI 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
BONNIE C. FROST, ESQ., CHAIR
EDNA Y. BAUGH, ESQ., VICE-CHAIR
BRUCE W. CLARK, ESQ.
JEANNE DOREMUS
HON. MAURICE J. GALLIPOLI
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 Thomas E. Downs, IV, Esq.
c/o Frederick J. Dennehy, Esq.
WILENTZ GOLDMAN & SPITZER
90 Woodbridge Center Drive
Suite 900, P.O. Box 10
Woodbridge, New Jersey 07095-0958 District Docket No. VIII-2011-0051E
LETTER OF ADMONITION Dear Mr. Downs:
The Disciplinary Review Board has reviewed your conduct in the above matter and has concluded that it was improper. Following a review of the record, the Board determined to impose an admonition for your ethics infractions.
Specifically, in August 2009, you agreed to represent Patricia Trygar in a business dispute with her partner. Although you undertook significant services with respect to the matter, you admittedly failed to communicate with your client, a violation of RPC 1.4(b). In addition, after the grievance was filed, you failed to reply to the ethics investigator's numerous attempts to contact you, a violation of RPC 8.1(b).
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).
In imposing only an admonition, the Board took into consideration that you have an unblemished disciplinary history since your admission to the New Jersey bar in 1975.
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 JDK:paa C. Chief Justice Stuart Rabner
Associate Justices
Bonnie C. Frost, 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
Patricia M. Love, Chair
District VIII Ethics Committee
Manny Gerstein, Secretary
District VIII Ethics Committee
Patricia A. Trygar, Grievant