From Casetext: Smarter Legal Research

In re Wackowski

DISCIPLINARY REVIEW BOARD OF THE SUPREME COURT OF NEW JERSEY
Feb 1, 2010
Docket No. DRB 09-212 (N.J. Feb. 1, 2010)

Opinion

Docket No. DRB 09-212

02-01-2010

Re: In the Matter of William E. Wackowski

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. 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
Mr. William Wackowski, Esq.
25 Monument Street, Suite A-2
Freehold, NJ 07728 District Docket No. IIIA-2008-019E
Letter of Admonition Dear Mr. Wackowski:

Enclosed please find a corrected admonition letter in the above referenced matter. The prior letter contained an incorrect District Docket No. (IIIA-2007-0006E).

Very truly yours,

/s/

Julianne K. DeCore

Chief Counsel Encl.
JKD/tk
cc: Chief Justice Stuart J. Rabner (w/encl.)

Associate Justices (w/encl.)

Mark Neary, Clerk, Supreme Court of New Jersey (w/encl.)

Gail G. Haney, Deputy Clerk

Supreme Court of New Jersey (w/ethics history) (w/encl.)

Louis Pashman, Chair, Disciplinary Review Board (w/encl.)

Charles Centinaro, Director, Office of Attorney Ethics (w/encl.)

Kevin E. Young, Chair, Dist. IIIA Ethics Committee (w/encl.)

Steven Secare, Secretary, Dist. IIIA Ethics Committee (w/encl.)

Bernard Hoffman, Grievant (w/encl.) November 25, 2009 VIA CERTIFIED MAIL , R.R.R. & REGULAR MAIL Mr. William Wackowski, Esq.
25 Monument Street, Suite A-2
Freehold, NJ 07728

CORRECTED LETTER

District Docket No. IIIA-2008-019E
Letter of Admonition Dear Mr. Wackowski:

The Disciplinary Review Board has reviewed your conduct in the above matter and has concluded that it was unethical. Specifically, in June 2005, Bernard Hoffman retained you to represent him in a breach of contract action. In late June 2005, you filed a complaint on Hoffman's behalf.

On July 14, 2006, the court generated a notice administratively dismissing the complaint, apparently in error. Although you telephoned the court after you received the notice of dismissal and were told that the notice had been mistakenly issued, you failed to act diligently in documenting that the dismissal notice had been generated in error and taking steps to ensure that the court's records were adjusted accordingly. Your conduct was unethical and a violation of RPC 1.3. You also failed to promptly inform Hoffman of the dismissal, thereby violating RPC 1.4 (b).

In addition, as a result of your belief that Hoffman was improperly resisting compliance with your adversary's request for the production, of documents, a rift developed between you and Hoffman, leading you to advise him that you could no longer represent him. Yet, you never filed a motion to be relieved as counsel, remaining as counsel of record. Later, when Hoffman requested the return of his file on several occasions, you failed to promptly comply with his requests. Your conduct in this regard violated RPC 1.16(d).

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).

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 also has 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/paa
cc: Chief Justice Stuart J. Rabner

Associate Justices

Mark Neary, Clerk

Supreme Court of New Jersey

Gail G. Haney, Deputy Clerk

Supreme Court of New Jersey (w/ethics history)

Louis Pashman, Chair

Disciplinary Review Board

Charles Centinaro, Director

Office of Attorney Ethics

Kevin E. Young, Chair, District IIIA Ethics Committee

Steven Secare, Sec., District IIIA Ethics Committee

Bernard Hoffman, Grievant


Summaries of

In re Wackowski

DISCIPLINARY REVIEW BOARD OF THE SUPREME COURT OF NEW JERSEY
Feb 1, 2010
Docket No. DRB 09-212 (N.J. Feb. 1, 2010)
Case details for

In re Wackowski

Case Details

Full title:Re: In the Matter of William E. Wackowski

Court:DISCIPLINARY REVIEW BOARD OF THE SUPREME COURT OF NEW JERSEY

Date published: Feb 1, 2010

Citations

Docket No. DRB 09-212 (N.J. Feb. 1, 2010)