Social Media Messages And Bar Discipline
The New Jersey Supreme Court has ordered a one-year suspension with reinstatement on conditions for an attorney’s Florida cocaine possession conviction and client-related misconduct.
The client matter involved defending a husband and wife in a civil dispute.
As the Disciplinary Review Board recounts,
During the ethics hearing, Parker testified that she was uncomfortable meeting with respondent at his home, without Paul. Respondent asked her personal questions and directed her to his bedroom to conduct business. After that meeting, respondent asked Parker to buy him alcohol, and gave her money to do so. Parker took the money, went home, and asked Paul to address respondent’s behavior. Thereafter, respondent sent Parker a friend request on social media, which she accepted. Respondent then sent Parker inappropriate, lewd messages via text and social media. Parker added that, during a court proceeding on November 3, 2017, respondent failed to provide a defense for her case, failed to file the appropriate papers, and urged her to settle, contrary to her wishes. She further claimed that respondent yelled at her in the hallways of the courtroom, in the vicinity of the judge. Although respondent later told Parker that he would “fix” things for her and Paul, he never did. From the end of October through November 2017, respondent and Parker went “back and forth,” but respondent did nothing to rectify the problems in the case.
Sad circumstances
respondent testified that he has a substance abuse problem and that, when he met Parker, he was living in low-income housing, from which he ultimately was evicted, in 2018. After losing a business he had represented as a client, respondent was in an “emotional state,” and began collecting unemployment benefits and food stamps. In September 2018, his mother bought him a plane ticket and he moved to Florida. Thereafter, he was arrested for felony possession of cocaine.
The DRB sanction recommendation
On balance, we determine that a one-year suspension is the quantum of discipline necessary to protect the public and preserve confidence in the bar. We further determine that the one-year suspension should apply retroactively to March 16, 2020, the effective date of respondent’s temporary suspension.
Additionally, because respondent has been convicted of possession of CDS and admits that he has a substance abuse problem, we determine to impose the conditions that the OAE suggested. Specifically, prior to his reinstatement, respondent must provide proof of fitness to practice law, as attested to by a mental health professional approved by the OAE. After his reinstatement, respondent must provide to the OAE quarterly reports documenting his continued psychological and substance abuse counseling, for a period of two years. Finally, respondent must notify the OAE of any positive drug test.
(Mike Frisch)