Opinion
Docket No. DRB 11-437
03-22-2012
Re: In the Matter of Victor K. Rabbat
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 MAIL , R.R.R. & REGULAR MAIL Victor K. Rabbat, Esq.
The Rabbat Law Office
409 Minnisink Road
Totowa, NJ 07511 District Docket No. XI-2010-0014E
LETTER OF ADMONITION Dear Mr. Rabbat:
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 July 2009, Victor Recchia retained you regarding a commercial tenant claim previously handled by another attorney who, Recchia claimed, had neglected the case. Although you immediately began to work on the matter and were successful in having Recchia's complaint reinstated, the reinstatement order required you to serve the complaint upon the defendant within fifteen days. You did not do so. Recchia then terminated the representation and retained a third attorney to prosecute his claim. Although you offered to help him, he declined that offer.
Your inaction in failing to serve the complaint within the fifteen days allowed by court order might have been somewhat explainable in another context, but, here, the client came to you in a "panic" because his prior attorney had failed to properly prosecute the case. Under those circumstances, you should have been especially attentive to Recchia's case. Your obligation to represent your client's interests diligently and responsibly was especially meaningful to the client, under the circumstances. Your failure to do so constituted gross neglect and lack of diligence, violations of RPC 1.1(a) and RPC 1.3, respectively.
In imposing only an admonition, the Board considered that you have no prior discipline since your 1984 admission to the New Jersey bar. In addition, you first discussed Recchia's matter with him just three days after the July 28, 2009 passing of your father, who was also your law partner. Thereafter, you encountered difficulty in the transition of the law office, in your father's absence, which was compounded by your associate attorney's maternity leave during the same time period. Finally, your own marital situation was in deterioration and, at about this time, resulted in a separation from your wife.
Your conduct has 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 JKD/sj 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
Bobbi J. Vilacha, Chair, District XI Ethics Committee
Robert L. Stober, Secretary, District XI Ethics Committee
Victor Recchia, Grievant