Opinion
DRB 21-059 DRB 21-063
07-16-2021
In the Matters of Grant J. Robinson
REGINA WAYNES JOSEPH, ESQ. STEVEN MENAKER, ESQ. PETER PETROU, ESQ. ANNE C. SINGER, ESQ., VICE-CHAIR PETER J. BOYER, ESQ. Grant J. Robinson, Esq. Frederic L. Shenkman, Esq. JOHANNA BARBA JONES CHIEF COUNSEL TIMOTHY M. ELLIS DEPUTY COUNSEL BARRY R. PETERSEN, JR. DEPUTY COUNSEL JESSICA A. CALELLA ROCCO J. CARBONE, III RACHEL J. NGUYEN KATHRYN ANNE WINTERLE ASSISTANT COUNSEL ASHLEY KOLATA-GUZIK ASSOCIATE COUNSEL
District Docket Nos. XIV-2019-0517E and IIIB-2019-0042E
REGINA WAYNES JOSEPH, ESQ.
STEVEN MENAKER, ESQ.
PETER PETROU, ESQ.
ANNE C. SINGER, ESQ.,
VICE-CHAIR PETER J. BOYER, ESQ.
Grant J. Robinson, Esq.
Frederic L. Shenkman, Esq.
JOHANNA BARBA JONES CHIEF COUNSEL
TIMOTHY M. ELLIS DEPUTY COUNSEL
BARRY R. PETERSEN, JR. DEPUTY COUNSEL
JESSICA A. CALELLA
ROCCO J. CARBONE, III
RACHEL J. NGUYEN
KATHRYN ANNE WINTERLE
ASSISTANT COUNSEL
ASHLEY KOLATA-GUZIK
ASSOCIATE COUNSEL
Dear Mr. Robinson:
The Disciplinary Review Board has reviewed your conduct in the above matters and has concluded that it was improper. Following a review of the record, the Board determined to impose an admonition for your violation of RPC 1.15(d) (failure to comply with the recordkeeping requirements of R. 1:21-6). The Board further determined to dismiss the charged violations of RPC 1.4(b) and 8.4(c).
Specifically, On April 7, 2020, the OAE performed a demand audit of your financial records, which revealed multiple recordkeeping deficiencies, in violation of RPC 1.15(d), including that your attorney trust account with Wells Fargo did not properly indicate that it was an "Attorney Trust Account," or an "IOLTA Attorney Trust Account;" that no ledger card identified your attorney trust account funds for bank charges; that an inactive balance was left in your attorney trust account; and, with regard to your attorney business account with TD Bank, that there were no business receipts or disbursements journals. Your recordkeeping failures resulted in the return of more than twenty checks, issued to the Superior Court of New Jersey, for insufficient funds.
After considering the written submissions, oral argument, and your admission to misconduct, the Board recognized that your recordkeeping failures were neglectful, but not purposeful. Compare In re Artusa, 246 N.J. 154 (2021) (attorney censured for RPC 1.15(d), RPC 8.1(b), and RPC 8.4(b) and (c) violations for purposefully issuing checks he knew would not be honored).
In determining to dismiss the charged violation of RPC 1.4(b) in the Butts matter, the Board found that there was no evidence in the record that you failed to communicate with your client, in violation of RPC 1.4(b). Additionally, while the Board was troubled by your flawed and disorganized office procedures, there was insufficient evidence to find that you had the requisite mens rea to violate RPC 8.4(c) in connection with the Butts matter. See, e.g., In the Matter of Ty Hyderally, DRB 11-016 (July 12, 2011). Moreover, you have modified your office procedures to avoid such future lapses.
In imposing only an admonition, the Board considered, in mitigation, that you have no disciplinary history; enjoy a reputation for good character; served in the Armed Forces; readily admitted your misconduct; corrected the recordkeeping errors; took remedial measures to decrease the likelihood of a future recordkeeping violation; and that your actions were not for personal gain and did not injure any client.
Your conduct has adversely reflected not only on you as an attorney but also on 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, this admonition will be taken into consideration.
The Board also has directed that the costs of the disciplinary proceedings be assessed against you. An invoice of costs will be forwarded to you under separate cover.
Very truly yours,
Johanna Barba Jones, Chief Counsel