Unique Circumstances

The New Jersey Supreme Court dismissed without prejudice a bar discipline matter

Respondent having represented at various stages of the proceedings since 2002 that he was “leaving the practice of law,” “no longer maintain[s] an office,” “closed his law office and withdrew from the practice of law in May 2002,” and “does not intend to return to the practice of law”; and

In light of the unique circumstances presented here, including but not limited to the passage of time, respondent’s service in the military during the pendency of these proceedings, his ongoing temporary suspension, and his departure from the profession;

And good cause appearing;

It is ORDERED that this matter is dismissed without prejudice to the Office of Attorney Ethics filing a motion to reopen in the event that respondent seeks reentry to the profession.

A reprimand had been proposed by the Disciplinary Review Board

In sum, respondent was guilty of a lack of diligence, failure to communicate in writing the basis or rate of his fee, failure to protect a client’s interests upon termination of representation, and failure to cooperate with disciplinary authorities…

We unanimously determine that, because of the default nature of this matter, a reprimand is the appropriate level of discipline.

(Mike Frisch)