Overreach Draws Reprimand

There seem to be a significant number of recent improper withdrawal from representation disciplinary matters.

The New Jersey Supreme Court reprimanded an attorney whose fee demand on discharge was found to be more than a tad excessive. 

From the Disciplinary Review Board letter

In late August 2013, [client] Tosun’s former husband filed another motion to terminate alimony and to reduce child support payments. On September 4, 2013, respondent informed Tosun that he required a new retainer for this latest because he had exhausted the fixed fee she had paidin May 2013.

Tosun objected to the request and retained new counsel. Counsel sought the turnover of Tosun’s file and a refund of a portion of the $35,000 retainer, noting that respondent had performed services during a period of fewer than two months in 2013. Respondent refused to refund the retainer, prompting Tosun to file a fee arbitration request, in December 2013. The fee arbitration panel awarded Tosun $34,100, concluding that respondent was entitled to only $900. On appeal, the Board upheld the fee arbitration panel’s determination. Respondent, thereafter, promptly refunded $34,100 to Tosun.

As per usual, the tepid New Jersey response to misconduct

The Board determined that respondent’s fee was so excessive that it evidenced an intent to overreach. Such a finding ordinarily results in the imposition of a reprimand.

The DRB noted the absence of prior discipline. (Mike Frisch)