Opinion
D-123 September Term 2017 081030
11-02-2018
In the MATTER OF Kevin C. FOGLE, an Attorney at Law (Attorney No. 027342014)
ORDER
The Disciplinary Review Board on having filed with the Court its decision in DRB 17-358, concluding that as a matter of reciprocal discipline pursuant to Rule 1:20-14, Kevin C. Fogle of Harrisburg, Pennsylvania, who was admitted to the bar of this State in 2014, should be suspended from the practice of law for a period of three months based on discipline imposed in Pennsylvania for unethical conduct that in New Jersey constitutes violations of RPC 1.4(b) (failure to communicate with client); RPC 1.15(a) (failure to safeguard funds); RPC 1.15(b) (failure to promptly notify client of receipt of funds and to promptly deliver the monies); RPC 1.15(d) (failure to comply with the recordkeeping requirements of Rule 1:21-6(c) ); RPC 1.16(a)(l) (failure to withdraw from representation of a client when the representation will result in the violation of the RPC s); RPC 1.16(d) (failure to protect the client's interest on termination of representation); RPC 4.2 (communication with a person represented by counsel); RPC 8.1 (b) (failure to cooperate with disciplinary authorities); and RPC 8.4(d) (conduct prejudicial to the administration of justice);
And good cause appearing;
It is ORDERED that Kevin C. Fogle is suspended from the practice of law for a period of three months, effective November 30, 2018, and until the further Order of the Court; 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 furtherORDERED 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.