Another Day, Another Censure In New Jersey

Censure has been imposed by the New Jersey Supreme Court for conduct described in a letter of consent issued by the Disciplinary Review Board

Here, although respondent was guilty of misconduct in ten client matters, the Board considered, in mitigation, that: (I) prior to leaving the Seigel Capozzi law firm, respondent updated the firm on the status of his files; (2) respondent cooperated with the OAE; (3) at the time of his violations, respondent suffered from an undiagnosed severe depression until 2013, when he was diagnosed, and then received intensive inpatient and outpatient treatment; (4) respondent’s treating physician provided a report in which he opined that respondent’s improved condition rendered him capable of practicing law; (5) there was no proof that any of the clients suffered monetary damages; (6) respondent was contrite; and (7) respondent has no history of discipline. The Board, thus, determined that a censure was warranted and required respondent to provide proof to the OAE of his continued treatment for depression through 2016.

 Censure for misconduct in 10 client matters is a very lawyer-friendly disciplinary response notwithstanding the mitigation. (Mike Frisch)