Best Of Luck

The New Jersey Supreme Court reprimanded an attorney based on Disciplinary Review Board findings that Respondent had neglected a medical malpractice case brought on behalf of a New York inmate alleging failure to provide pain medication

On January 14, 2020, one day before the filing deadline to oppose the dispositive motion, respondent sent Battease a letter enclosing the motion and requesting that he “provide” his “thoughts.” Battease did not reply to respondent based on his mistaken view that courts were “shut down” due to the COVID-19 pandemic. Moreover, respondent made no further attempt to contact Battease in connection with the motion, despite knowing that Battease was “possibly moved to another facility.” Respondent declined to file any opposition to the motion because he had not received any reply from Battease and, following the July 2019 deposition, he concluded that Battease no longer had a valid claim.

On March 9, 2020, the Court of Claims granted the unopposed summary judgment motion and dismissed Battease’s claim. On April 15, 2020, six days after the deadline to appeal the dismissal of the claim, respondent sent Battease a letter enclosing the court’s dismissal order and stating that he did “not feel that there is a basis to appeal this decision.” Respondent, however, advised Battease that, if he “wish[ed] to appeal, you must file a notice of appeal within thirty days from the date of the decision. I wish you the best of luck in the future.”

Approximately seventeen months later, on December 6, 2021, Battease sent respondent a letter requesting an update on the status of his claim. On December 10, respondent replied to Battease, stating that he previously had notified him of the dismissal of his matter. On December 16, 2021, Battease sent respondent a reply letter asserting that he was unaware that his case had been dismissed and requesting a copy of his client file. Respondent failed to comply.

(Mike Frisch)