Opinion
Docket No. DRB 14-042
05-21-2014
RE: In the Matter of Osualdo Gonzalez
BONNIE C. FROST, ESQ., CHAIR EDNA Y. BAUGH, ESQ., VICE-CHAIR BRUCE W. CLARK, ESQ. HON. MAURICE J. GALLIPOLI THOMAS J. HOBERMAN ANNE C. SINGER, ESQ. MORRIS YAMNER, ESQ. ROBERT C. ZMIRICH ELLEN A. BRODSKY CHIEF COUNSEL ISABEL FRANK DEPUTY CHIEF COUNSEL LILLIAN LEWIN BARRY R. PETERSEN JR. 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.
HON. MAURICE J. GALLIPOLI
THOMAS J. HOBERMAN
ANNE C. SINGER, ESQ.
MORRIS YAMNER, ESQ.
ROBERT C. ZMIRICH ELLEN A. BRODSKY
CHIEF COUNSEL ISABEL FRANK
DEPUTY CHIEF COUNSEL LILLIAN LEWIN
BARRY R. PETERSEN JR.
DONA S. SEROTA -TESCHNER
COLIN T. TAMS
KATHRYN ANNE WINTERLE
ASSISTANT COUNSEL RICHARD J. HUGHES JUSTICE COMPLEX CERTIFIED MAIL , R.R.R. & REGULAR MAIL
Osualdo Gonzalez, Esq.
2000 Bergenline Avenue
Union City, NJ 07087 District Docket Nos. VI-2010-0014E and VI-2012-0018E
LETTER OF ADMONITION
Dear Mr. Gonzalez:
The Disciplinary Review Board has reviewed your conduct in the above matters and has concluded that it was improper in one of them. Following a review of the record, the Board determined to impose an admonition.
Specifically, in 2009, Emad Baskharon's prior lawyer referred Baskharon's personal injury case to you for representation. Despite your duty to keep your client adequately informed about the status of the matter, you did not communicate with him at all but, rather, only with his prior counsel. Your conduct was unethical and a violation of RPC 1.4(b).
Also, at some point, you caused Baskharon's complaint to be withdrawn, based not on a request from your client, but on a statement from his prior lawyer that the client no longer wished to pursue the claim. Your conduct in this regard violated RPC 1.2(a).
In addition, you failed to communicate to the client, in writing, the basis or rate of the fee, a violation of RPC 1.5(b). Although you claimed that you did not expect to be financially compensated for your legal services, such a writing serves as the document setting forth and informing the client about the scope of the representation.
For lack of clear and convincing evidence, the Board dismissed the balance of the allegations in the Baskharon matter, as well as the entire complaint in the Gary Marchesi matter.
In imposing only an admonition, the Board considered that you have a pristine record in twenty-seven years at the bar and that, therefore, your conduct was aberrational. It also considered the several letters submitted on your behalf that attested to your good moral character.
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 cost of the disciplinary proceedings be assessed against you. An invoice of costs will be forwarded under separate cover.
Very truly yours,
/s/
Ellen A. Brodsky
Chief Counsel EAB/lg
c: See attached list
Chief Justice Stuart Rabner
Associate Justices
Bonnie C. Frost, Chair (via e-mail)
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
Jack Jay Wind, Secretary
District VI Ethics Committee
Emad Baskharon, Grievant
Gary Marchesi, Grievant