Opinion
Docket No. DRB 11-258
10-31-2011
RE: In the Matter of Darryl W. Simpkins
LOUIS PASHMAN, ESQ. CHAIR BONNIE C. FROST, ESQ. VICE-CHAIR EDNAY. 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
LOUIS PASHMAN, ESQ. CHAIR
BONNIE C. FROST, ESQ. VICE-CHAIR
EDNAY. 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 Darryl W. Simpkins, Esq.
Simpkins & Simpkins
856 Route 206
Hillsborough, NJ 08844 District Docket No. XIII-2010-0010E
LETTER OF ADMONITION Dear Mr. Simpkins:
The Disciplinary Review Board reviewed the motion for discipline by consent (admonition), filed by the District Ethics XIII Committee, pursuant to R. 1:20-10. Following a review of the record, the Board determined to grant the motion and to impose an admonition.
Specifically, Marcia Gladden retained you in 2001 to represent her for injuries sustained in an automobile accident. Despite your obligation to represent your client's interests diligently, you never filed a complaint on her behalf, a violation of RPC 1.3. You also failed, after 2002, to adequately communicate with your client, who made numerous telephone calls to you, requesting information about the matter. Your failure to reply to Gladden's reasonable requests for information after 2002 constituted a violation of RPC 1.4(b).
Your conduct 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).
In imposing only an admonition, the Board considered that this is your first brush with the disciplinary system in twenty-seven years at the bar.
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
Tara L. Johnson, Chair, District XIII Ethics Committee
Donna P. Legband, Secretary, District XIII Ethics Committee
Marcia Gladden, Grievant