Opinion
D-140 September Term 2018 083059
10-01-2019
In the MATTER OF Barry N. FRANK, an Attorney at Law (Attorney No. 000151977)
ORDER
The Disciplinary Review Board having filed with the Court its decision in DRB 18-356, recommending on the record certified to the Board pursuant to Rule 1:20-4(f)(default by respondent) that Barry N. Frank, formerly of Englewood, who was admitted to the bar of this State in 1977, and who has been suspended from the practice of law since September 16, 2014, be disbarred for violating RPC 1.3 (lack of diligence), RPC 1.4(b) ( failure to keep the client adequately informed of the status of a matter), RPC 1.4(c) (failure to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation), RPC 1.5(a) (unreasonable fee), RPC 1.15(a) (failure to safeguard funds), RPC 1.16(a)(1) (failure to withdraw from the representation if the representation will result in violation of the Rules of Professional Conduct or other law), RPC 5.5(a)(1) (unauthorized practice of law), RPC 8.1(b) (failure to cooperate with disciplinary authorities), RPC 8.4(b) (committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer), and RPC 8.4(c) (conduct involving dishonesty, fraud, deceit or misrepresentation);
And Barry N. Frank having failed to appear on the Order directing him to show cause why he should not be disbarred or otherwise disciplined;
And good cause appearing:
It is ORDERED that Barry N. Frank be disbarred, effective immediately, and that his name be stricken from the roll of attorneys; ORDERED that Barry N. Frank, be and hereby is permanently restrained and enjoined from practicing law; and it is further
ORDERED that Barry N. Frank comply with Rule 1:20-20 dealing with disbarred attorneys; and it is further
ORDERED that all funds, if any, currently existing or hereinafter deposited in any New Jersey financial institution maintained by Barry N. Frank pursuant to Rule 1:21-6 be restrained from disbursement except on application to this Court, for good cause shown, and shall be transferred by the financial institution to the Clerk of the Superior Court, who is directed to deposit the funds in the Superior Court Trust Fund pending further Order of this Court; 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.