Opinion
Docket No. DRB 11-358
01-20-2012
Re: In the Matter of Gerald M. Saluti
LOUIS PASHMAN, ESQ. CHAIR BONNIE C. FROST, ESQ. VICE-CHAIR EDNA Y. BAUGH, ESQ. BRUCE W. CLARK, ESQ. JEANNE DOREMUS HON. REGINALD STANTON SPENCER V. WISSINGER, III MORRIS YAMNER, ESQ. ROBERT C. ZMIRICH JULIANNE K. DECORE CHIEF COUNSEL I DEPUTY CHIEF COUNSEL ELLEN A. 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. REGINALD STANTON
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 Gerald M. Saluti
c/o Thomas P. Scrivo, Esq.
McElroy Deutsch Mulvaney & Carpenter
1300 Mount Kemble Avenue
P.O. Box 2075
Morristown, New Jersey 07962 District Docket No. VA-2010-0026E
LETTER OF ADMONITION Dear Mr. Saluti:
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 June 2003, Lester Alford retained you to represent him in connection with a second post-conviction relief application and a potential appeal of his conviction. You had not previously represented Mr. Alford and failed to communicate, in writing, the basis or rate of the fee. Your conduct was unethical and a violation of RPC 1.5(b).
In imposing only an admonition, the Board considered that you were experiencing personal problems at the time of your misconduct.
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/sl 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
Stephen V. Falanga, Chair
District VA Ethics Committee
William B. Ziff, Acting Secretary
District VA Ethics Committee
Lester Alford, Grievant