Opinion
Docket No. DRB 16-278
01-20-2017
RE: In the Matter of Craig C. Swenson
ELLEN A. BRODSKY CHIEF COUNSEL PAULA T. GRANUZZO DEPUTY CHIEF COUNSEL MELISSA URBAN FIRST ASSISTANT COUNSEL TIMOTHY M. ELLIS LILLIAN LEWIN BARRY R. PETERSEN, JR. COLIN T. TAMS KATHRYN ANNE WINTERLE ASSISTANT COUNSEL
BONNIE C. FROST, ESQ., CHAIR
EDNA Y. BAUGH, ESQ., VICE-CHAIR
PETER J. BOYER, ESQ.
BRUCE W. CLARK, ESQ.
HON. MAURICE J. GALLIPOLI
THOMAS J. HOBERMAN
EILEEN RIVERA
ANNE C. SINGER, ESQ.
ROBERT C. ZMIRICH ELLEN A. BRODSKY
CHIEF COUNSEL PAULA T. GRANUZZO
DEPUTY CHIEF COUNSEL MELISSA URBAN
FIRST ASSISTANT COUNSEL TIMOTHY M. ELLIS
LILLIAN LEWIN
BARRY R. PETERSEN, JR.
COLIN T. TAMS
KATHRYN ANNE WINTERLE
ASSISTANT COUNSEL RICHARD J. HUGHES JUSTICE COMPLEX CERTIFIED MAIL , R.R.R. & REGULAR MAIL
Craig C. Swenson, Esq.
C/O Edward W. Cillick, Esq.
Cillick & Smith
25 Main Street Court Plaza North
Hackensack, NJ 07601 District Docket No. XIV-2015-0311E
LETTER OF ADMONITION Dear Mr. Swenson:
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 February 2008, you filed three workers' compensation claim petitions on behalf of grievant, James Taormina, for three incidents that occurred in 2007. In January 2014, you filed a fourth workers' compensation claim petition on behalf of Mr. Taormina for an incident that occurred in July, 2012. Eventually, the employer's workers' compensation carrier (Bergen Risk Managers) offered to settle two of the claims for $5,000. Although Mr. Taormina agreed to accept the offer, before the settlement could be finalized, it required approval from "Social Security/Medicare." You neglected to obtain the required approval and failed to monitor Mr. Taormina's matters.
On February 21, 2013, counsel for Bergen Risk Managers filed a motion to dismiss three of Mr. Taormina's claims for lack of prosecution. You failed to file an answer or otherwise oppose the motion. On July 15, 2013, those claims were dismissed for lack of prosecution.
On January 29, 2014, counsel filed a demand for medical information for the remaining claim, and again, you failed to reply. On July 28, 2014, that claim, too, was dismissed for lack of prosecution. Finally, you failed to inform Mr. Taormina that his claims had been dismissed, and failed to take action to have the petitions reinstated. Your conduct violated RPC 1.1(a) (gross neglect), RPC 1.3 (lack of diligence), and RPC 1.4(b) (failure to keep a client informed of the status of a matter). The Board, however, dismissed the stipulated violation of RPC 1.1(b) (pattern of neglect). For a finding of pattern of neglect, at least three instances of neglect are required. In the Matter of Donald M. Rohan, DRB 05-062 (June 8, 2005) (slip op. at 12-16). Here, although you allowed four claims to be dismissed, the Board determined that you did not engage in three separate instances of neglect.
In imposing only an admonition, the Board considered that you cooperated with disciplinary authorities by admitting to the violations cited in the stipulation, that you have no history of discipline in twenty-eight years at the bar, and that you are under the care of a therapist for the causes and consequences of your actions.
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. Rule 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 cost of the disciplinary proceedings be assessed against you. An invoice of costs will be forwarded under separate cover.
Very truly yours,
/s/
Ellen A. Brodsky
Chief Counsel EAB/alc
c: Chief Justice Stuart Rabner
Associate Justices
Bonnie C. Frost, 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
James Taormina, Grievant