Opinion
D-73 September Term 2017 080622
07-25-2019
In the MATTER OF YUEXIN LI, an Attorney at Law (Attorney No. 002142003)
ORDER
This matter having been duly presented to the Court by the Disciplinary Review Board pursuant to Rule 1:20-16 (d) following the granting of a motion for discipline by consent pursuant to Rule 1:20-10(b) in respect of Yuexin Li of Bridgewater , who was admitted to the bar of this State in 2003 (DRB 17-356);
And the Office of Attorney Ethics and respondent having signed a stipulation of discipline by consent in which it was agreed that respondent violated RPC 1.15(b) (failure to promptly deliver funds or other property belonging to the client), RPC 1.15(d) and Rule 1:21-6 (recordkeeping violations), and RPC 8.4(c) (conduct involving dishonesty, fraud, deceit or misrepresentation);
And the conduct to which the parties stipulated having occurred over a period of seven years and having affected hundreds of real estate clients whom respondent knowingly and systematically overcharged by regularly collecting inflated, "flat" recording fees, "title binder review fees," and "legal documentation and notary fees" and improperly retaining the excess fees in addition to his legal fees listed on the HUD-1 forms;
And the Disciplinary Review Board having granted the motion for discipline by consent and having determined to censure respondent and require him to refund the identified $186,050 in excess costs and fees to his former clients within one year from the date of the Supreme Court order;
And the Court having ordered respondent to show cause why the Court should accept the discipline by consent or why the Court should not take such other action as it deems appropriate, including discipline as provided in Rule 1:20-15A;
And the Court having considered the briefs and arguments of the parties and having determined from its review of the matter that respondent should be censured for his unethical conduct, but that, in the future, attorneys who engage in the purposeful, systematic, and unauthorized charging and retention of excess recording fees, or the implementation of other deceptive, income-generating practices, may be subject to a higher level of discipline;
And the Court having determined to accept the discipline by consent and to censure respondent and require him to refund the excess costs and fees to his clients;
And good cause appearing;
It is ORDERED that Yuexin Li of Bridgewater is hereby censured; and it is further ORDERED that Yuexin Li shall refund the excess costs and fees in the total amount of $186,050 to identified former clients within one year after the filing date of this Order; 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.