From Casetext: Smarter Legal Research

In re Gilbert

Supreme Court of New Jersey.
Sep 22, 2021
248 N.J. 270 (N.J. 2021)

Opinion

D-57 September Term 2020 085408

09-22-2021

In the MATTER OF Stephen C. GILBERT, An Attorney At Law (Attorney No. 284701972)


ORDER

The Disciplinary Review Board having filed with the Court its decision in DRB 20-044, concluding that Stephen C. Gilbert of Morristown, who was admitted to the bar of this State in 1972, should be disciplined for violating RPC 1.5(b) (failure to communicate in writing the basis of a rate or fee), RPC 1.7(a)(1) and (2) (concurrent conflict of interest), RPC 5.1(b) (failure to make reasonable efforts to ensure that a lawyer over whom the lawyer has direct supervisory authority conforms to the RPC s), and RPC 5.1(c) (holding a lawyer responsible for another lawyer's violation of the RPC s if the lawyer orders or ratifies the conduct, or the lawyer has direct supervisory authority over the other lawyer and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action);

And the Court having determined that a three-month suspension from practice is the appropriate quantum of discipline for respondent's unethical conduct;

And good cause appearing;

It is ORDERED that Stephen C. Gilbert is suspended from the practice of law for a period of three months, and until the further Order of the Court, effective October 22, 2021; 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 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.


Summaries of

In re Gilbert

Supreme Court of New Jersey.
Sep 22, 2021
248 N.J. 270 (N.J. 2021)
Case details for

In re Gilbert

Case Details

Full title:In the MATTER OF Stephen C. GILBERT, An Attorney At Law (Attorney No…

Court:Supreme Court of New Jersey.

Date published: Sep 22, 2021

Citations

248 N.J. 270 (N.J. 2021)
258 A.3d 1046

Citing Cases

In re Benedetto

The Court separately imposed an admonition on Aaron Scott Gilbert, the junior attorney, for abiding by the…

In re Asterita

Based upon respondent's stipulated violations of RPC 1.10(a); RPC 1.7(a)(1); and RPC 1.8(a), the OAE urged…