Opinion
Docket No. DRB 12-283
11-16-2012
LOUIS PASHMAN, ESQ. CHAIR BONNIE C. FROST, ESQ. VICE-CHAIR EDNA Y. BAUGH, ESQ. BRUCE W. CLARK, ESQ. JEANNE DOREMUS HON. MAURICE J. GALLIPOLI SPENCER V. WISSINGER, III 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
LOUIS PASHMAN, ESQ. CHAIR
BONNIE C. FROST, ESQ. VICE-CHAIR
EDNA Y. BAUGH, ESQ.
BRUCE W. CLARK, ESQ.
JEANNE DOREMUS
HON. MAURICE J. GALLIPOLI
SPENCER V. WISSINGER, III
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 VIA CERTIFIED , R.R.R. and REGULAR MAIL Ralph Alexander Gonzalez, Esquire
2 Woodbrook Road
Voorhees, New Jersey 08043 District Docket No. IV-2011-0027E
LETTER OF ADMONITION Dear Mr. Gonzalez:
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.
Specifically, in August 2010, Thea Laverty Flores retained you to represent her in "a family matter." On September 13, 2010, you sued her in small claims court, after she refused to pay your fee. On October 11, 2010, your client filed an ethics grievance against you.
On October 20, 2010, the civil suit was settled. In addition to your client's obligation to pay $500 to you, the settlement agreement required her to "write a letter asking to withdraw any ethics complaint she may have filed."
Your attempt to persuade your client to withdraw her grievance as part of the settlement of the civil suit that you had filed against her constituted conduct prejudicial to the administration of justice, a violation of RPC 8.4(d), warranting the imposition of an admonition. See, e.g., In the Matter of R. Tyler Tomlinson, DRB 01-284 (November 2, 2001) (admonition for attorney who improperly conditioned the resolution of a collection case on the dismissal of an ethics grievance filed against the attorney by his client's parents).
In imposing only an admonition, the Board took into consideration that your disciplinary record has remained untarnished since 1995.
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 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
Louis Pashman, 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
Dawnn E. Briddell, Chair
District IV Ethics Committee
John M. Palm, Secretary
District IV Ethics Committee
Thea Laverty Flores, Grievant