A Contentious Hearing

As is its usual custom, the New Jersey Supreme Court followed the recommendations of the Disciplinary Review Board and imposed censure and reprimand on co-respondent attorneys. 

Notably, the court-appointed Special Master had proposed disbarment for the censured attorney and a one-year suspension for the reprimanded one.

Obviously an unusual case.

A group of former employees of Prudential Life Insurance Company (Prudential) retained Leeds, Morelli and Brown (LMB) to sue Prudential for discriminatory practices (the Prudential litigation). Although the case settled, as part of the settlement Prudential paid an “advance” to the plaintiff’s law firm, LMB, without notice to the plaintiffs. Alleging that Prudential “bought off” their counsel, the plaintiffs then retained respondents to sue both their prior counsel and Prudential. Lederman v. Prudential Insurance Company of America, Inc. (Lederman). In turn, LMB filed a collateral lawsuit against respondents, personally, as well as two lawsuits against respondents’ former and current clients.

The allegations (sustained by the DRB) involve conflict of interest in the resolution of the collateral litigation.

But or more prurient interest was the hearing before the special master, which involved the censured attorney’s departure by ambulance and 10-day absence, the denial of repeated attempts by the attorney’s counsel to withdraw, a vigorous and contentious motions practice and accusation of bias on the part of the special master.

None of which made the DRB sympathetic to the censured attorney.

On counsel’s attempts to withdraw

The presenter had objected to [counsel] Hill’s withdrawal because, in her view, Hill served as a “buffer” for Roper. The record  demonstrated that Roper  failed to act in accordance with the appropriate  courtroom decorum.  When Roper was present,  her conduct repeatedly was disruptive and disrespectful. For example, she shouted that a particular ruling was “bull[@#$%]” and told the special master that “the blood will be on your hands” after he denied her motion for a stay.

And bias

Respondents maintain that the special master was biased and that he was acting as the prosecutor during the hearing. The record simply does not support this conclusion; there was no reasonable basis to conclude that he was unfair or biased. To the contrary, the record demonstrates that respondents and Hill did everything possible to hamper the progress of the case, which included accusing the special master of bias and of acting as a prosecutor. 

The DRB on the censure

Respondent’s conduct during the hearing, however, was egregious. She failed to appear for the majority of hearing dates, despite her clear obligation to do so. When she was present, she was disrespectful and disruptive, and engaged in repeated outbursts. Further, both she and her counsel defied the special master’s order that they appear for the final hearing dates. Although Roper was directed to appear and was even given a second opportunity, she chose not to do so. She made a conscious and ill-considered decision to disobey a court directive. The proper course would have been to attend the hearing, and note her continuing objection. She chose instead to flout the special master’s authority and thus, the authority of the Court. For this significant aggravating factor, we determine to impose a censure.

(Mike Frisch)