Opinion
Docket No. DRB 14-138
07-22-2014
RE: In the Matter of Frances Ann Hartman
ELLEN A. BRODSKY CHIEF COUNSEL ISABEL FRANK DEPUTY CHIEF COUNSEL LILLIAN LEWIN BARRY R. PETERSEN JR. 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
EILEEN RIVERA
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.
COLIN T. TAMS
KATHRYN ANNE WINTERLE
ASSISTANT COUNSEL RICHARD J. HUGHES JUSTICE COMPLEX CERTIFIED MAIL , R.R.R. & REGULAR MAIL
Frances Ann Hartman, Esq.
Hartman Group, LLC
513 South Lenola Road - Suite 212
Moorestown, New Jersey 08057 District Docket No. IIIB-2013-0019E
LETTER OF ADMONITION
Dear Ms. Hartman:
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 2007, Christine Marks retained your services for a legal malpractice matter. Despite a zealous representation at the beginning of the client/attorney relationship, you failed to act with diligence after Marks' complaint was dismissed. Your conduct was unethical and a violation of RPC 1.3.
In addition, you failed to return Marks' repeated phone calls and emails for almost an entire year, between June 2009 and April 2010, a violation of RPC 1.4(b). You also failed to explain to Marks, in detail, what you considered to be problematic with her claim, so that she could make an informed decision on whether to proceed with it. Your conduct was unethical and a violation of RPC 1.4(c).
For lack of clear and convincing evidence, the Board dismissed the charges of RPC 1.15(b) and RPC 8.1(b).
In imposing only an admonition, the Board considered that, prior to this incident, you had a spotless record in thirty-three years at the bar and that, therefore, your conduct was aberrational.
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/
Ellen A. Brodsky
Chief Counsel EAB/1g
C: 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
Cynthia S. Earl, Secretary
District IIIB Ethics Committee
Christine Marks, Grievant