In Re Harris

868 A.2d 1011, 182 N.J. 594, 2005 N.J. LEXIS 189
CourtSupreme Court of New Jersey
DecidedMarch 16, 2005
StatusPublished
Cited by10 cases

This text of 868 A.2d 1011 (In Re Harris) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Harris, 868 A.2d 1011, 182 N.J. 594, 2005 N.J. LEXIS 189 (N.J. 2005).

Opinion

*599 Justice ALBIN

delivered the opinion of the Court.

Respondent is a persistent violator of the Rules of Professional Conduct. Since becoming a lawyer, the number and nature of her transgressions have struck at the core values that define a lawyer’s responsibility to clients, the court, and the profession. Basic honesty and a minimal level of competence are indispensable qualifications to practice law in this State. The pattern of respondent’s conduct over a course of years makes clear that she does not possess those essential qualifications. When a lawyer’s derelictions are so many and so grave, our paramount concern must be to protect the public and maintain the public’s confidence in the integrity of the profession. Based on the record before us, we are constrained to enter an Order disbarring respondent.

I.

Respondent E. Lorraine Harris was admitted to the New Jersey Bar in 1994. Since that time, she has amassed an extensive ethics record. In 1999, she received a temporary suspension lasting one month for potential misappropriation of escrow monies. In re Harris, 162 N.J. 2, 2, 737 A.2d 681 (1999). In 2000, she received a temporary suspension lasting nine days for failing to comply with a fee arbitration determination. In re Harris, 162 N.J. 189, 190, 742 A.2d 969 (2000). That same year, in an unpublished order respondent was admonished and in a published order reprimanded for failing to provide clients with a written basis for her fee and failing to provide a written contingency fee agreement. In re Harris, 165 N.J. 471, 472, 758 A.2d 152 (2000).

In 2001, with respect to respondent’s representation of three separate clients, we suspended respondent for six months for lack of diligence, gross neglect, failure to safeguard client property, charging an unreasonable fee, failure to promptly deliver funds to a third party, record-keeping violations, false statements of material fact to a tribunal, failure to cooperate with disciplinary authorities, and misrepresentation. In re Harris, 167 N.J. 284, 284, 770 A.2d 1157 (2001). That same year, in an unpublished order, we *600 suspended respondent for an additional three months for lack of diligence, failure to expedite litigation, knowingly making a false statement of material fact to a tribunal, failure to cooperate with disciplinary authorities, and misrepresentation. In that last matter, respondent asked for and obtained several last-minute adjournments of a municipal court case. After failing to appear in court on the scheduled trial date, respondent then faxed a letter to the municipal court thanking it for granting her adjournment request when, in truth, she had neither requested nor received another adjournment. The manipulative dishonesty exhibited in that case is a leitmotif running through the current matters before this Court. Since this last suspension, which expired on March 4, 2002, respondent has not applied for reinstatement.

II.

The current disciplinary violations before this Court arise out of respondent’s derelictions in representing numerous clients and her failure to comply with the obligations placed on suspended attorneys pursuant to Rule 1:20-20. We are satisfied that the record supports by clear and convincing evidence the de novo factual findings of the Disciplinary Review Board (DRB) in each of the cases presented to us. We now review the recommendations made by the DRB in those cases.

A.

On August 15, 2003, the DRB recommended that respondent be suspended for one year for her violation of the Rules of Professional Conduct arising out of five separate complaints that were heard by the District IV Ethics Committee (DEC). The DRB concluded that respondent’s actions in those matters, taken together, evidenced a pattern of neglect, in violation of RPC 1.1(b).

Brittingham Matter

Between 1995 and 1997, respondent represented Thomas J. Brittingham in a breach of contract suit filed in federal court. In *601 that matter, respondent failed to inform the client about filed motions and court orders; failed to return telephone calls and to communicate with the client; failed to return parts of the file to the client after her termination as counsel, despite a magistrate’s order to do so; and generally mishandled the ease. The DRB determined that respondent violated RPC 1.1(a) (gross neglect), RPC 1.3 (lack of diligence), RPC 1.4(a) (failure to communicate), RPC 1.16(d) (failure to comply with duties on terminating representation), and RPC 8.4(d) (conduct prejudicial to administration of justice).

Lisa Matter

Between 1995 and 1999, respondent represented Joseph Lisa in a wrongful termination claim against his employer, Drexel University. Respondent was retained to file a claim with the federal Equal Employment Opportunity Commission (EEOC) on the client’s behalf. Although respondent had 300 days in which to file the claim, she missed the deadline date and filed a late claim. As a result, the claim was dismissed as out of time and the client was denied a hearing before the EEOC. In addition, during a twenty-month period between 1995 and 1997 and a twenty-two month period between 1997 and 1999, respondent did not communicate in writing with her client. The client “resorted to certified mail in his dealings with respondent, because of his difficulty in reaching her.” The DRB determined that respondent violated RPC 1.1(a) (gross neglect), RPC 1.3 (lack of diligence), and RPC 1.4(a) (failure to communicate).

Rochester Matter

Respondent represented Lewis Rochester in a divorce matter in 1997. Respondent failed to deliver $2,500 in settlement funds to Rochester and to explain that she was keeping those funds as payment for her services. Respondent also did not send her client a final bill or a copy of the divorce decree. The DRB *602 determined that respondent violated RPC 1.4(a) (failure to communicate) and RPC 1.15(b) (failure to safeguard property).

Cassidy Matter

Respondent represented Deborah Cassidy in municipal court in August and September of 1999 on a charge of driving while under the influence of alcohol.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Disciplinary Board of the Supreme Court v. Ward
2016 ND 113 (North Dakota Supreme Court, 2016)
Richard Press v.
636 F. App'x 606 (Third Circuit, 2016)
In the Matter of Peter J. Cammarano, III, an Attorney at Law
98 A.3d 1184 (Supreme Court of New Jersey, 2014)
Buchanan v. Leonard
52 A.3d 1064 (New Jersey Superior Court App Division, 2012)
In Re Wigenton
40 A.3d 723 (Supreme Court of New Jersey, 2012)
Henry v. New Jersey Department of Human Services
9 A.3d 882 (Supreme Court of New Jersey, 2010)
LoBiondo v. Schwartz
970 A.2d 1007 (Supreme Court of New Jersey, 2009)
Loigman v. TP. COMMITTEE OF MIDDLETOWN
889 A.2d 426 (Supreme Court of New Jersey, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
868 A.2d 1011, 182 N.J. 594, 2005 N.J. LEXIS 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-harris-nj-2005.