Opinion
D-41 082091
06-18-2019
In the Matter of Daniel W. McCartney, Jr., An Attorney At Law (Attorney No. 022071995)
Corrected
ORDER
The Disciplinary Review Board having filed with the Court its decision in DRB 18-177, concluding that as a matter of reciprocal discipline pursuant to Rule 1:20-14(a)(4)(E), Daniel W. McCartney, Jr., of Norristown, Pennsylvania, who was admitted to the bar of this State in 1995, should be suspended from the practice of law for a period of two years and not be reinstated in this State until reinstated to practice in Pennsylvania, based on discipline imposed in the Commonwealth of Pennsylvania for unethical conduct that in New Jersey constitutes violations of RPC 1.1(a) (gross neglect), RPC 1.3(lack of diligence), RPC 1.4(b) (failure to keep client reasonably informed about the status of a matter or to promptly comply with reasonable requests for information), RPC 1.4(c) (failure to explain matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation), RPC 1.15(d)(recordkeeping violations), RPC 1.16(d)(failure to protect a client's interests on termination of the representation), RPC 3.3(a)(false statement of material fact or law to a tribunal), RPC 5.5(a) (unauthorized practice of law), RPC 8.4(b)(criminal conduct that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer), RPC 8.4(c) (conduct involving dishonesty, fraud, deceit or misrepresentation), and RPC 8.4(d)(conduct prejudicial to the administration of justice);
And Daniel W. McCartney, Jr., having failed to appear on the Order directing him to show cause why he should not be disbarred or otherwise disciplined, and the Court having held in In re Kivler, 193 N.J. 332 (2008) that a respondent's unexcused failure to comply with an Order to Show Cause may be a basis for enhanced discipline;
And the Court having determined from its review of the matter that respondent should be disbarred for his unethical conduct;
And good cause appearing;
It is ORDERED that Daniel W. McCartney, Jr., be disbarred, effective immediately, and that his name be stricken from the roll of attorneys; and it is further
ORDERED that Daniel W. McCartney, Jr., be and hereby is permanently restrained and enjoined from practicing law; and it is further
ORDERED that all funds, if any, currently existing or hereinafter deposited in any New Jersey financial institution maintained by Daniel W. McCartney, Jr., pursuant to Rule 1:21-6 be restrained from disbursement except on application to this Court, for good cause shown, and shall be transferred by the financial institution to the Clerk of the Superior Court, who is directed to deposit the funds in the Superior Court Trust Fund pending the further Order of this Court; and it is further
ORDERED that Daniel W. McCartney, Jr., comply with Rule 1:20-20, dealing with disbarred attorneys; 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.
WITNESS, the Honorable Stuart Rabner, Chief Justice, at Trenton, this 18th day of June, 2019.
/s/
CLERK OF THE SUPREME COURT