In re Hollis

471 A.2d 10, 95 N.J. 253, 1984 N.J. LEXIS 2403
CourtSupreme Court of New Jersey
DecidedFebruary 3, 1984
StatusPublished
Cited by6 cases

This text of 471 A.2d 10 (In re Hollis) 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 Hollis, 471 A.2d 10, 95 N.J. 253, 1984 N.J. LEXIS 2403 (N.J. 1984).

Opinion

PER CURIAM.

This disciplinary matter was originally before us on January 12, 1982, the return day of an order to show cause why the respondent, a member of the bar of this State, should not be disbarred or otherwise disciplined because of his allegedly inappropriate conduct involving five different matters. We were satisfied upon our review at that time that a substantial suspension period was warranted. (The Disciplinary Review Board had recommended a two-year suspension.) We were advised then that five additional complaints against the respondent were pending before the District Ethics Committee. We therefore suspended the respondent temporarily commencing January 21, 1982 pending completion of those proceedings.

The District Ethics Committee held hearings on the additional complaints. The entire matter was then reconsidered by the Disciplinary Review Board, which recommended that respondent be suspended for a three-year period, commencing as of January 21, 1982. After our initial review we remanded one aspect of the cause, possible misappropriation of trust funds, for a further hearing before the District Ethics Committee. This has been completed and we have had oral argument on the entire record.

Based on our independent review, we have come to the same conclusions as the Disciplinary Review Board on the Moretti, Schultz, Medaska, Koehl, Cherevas, Messimer, Oskoniewski complaints and the proctorship matter. We adopt the Board’s following findings and conclusions in those respects:

[A.] MORETTI MATTERS

Beginning in March of 1978, the respondent was retained by Salvatore Moretti to represent him personally and to represent his company, the ROR Construction Corporation, in three separate matters.

[255]*2551. ) MORETTI v. BOARD OF ADJUSTMENT OF HACKENSACK AND FRIENDSHIP HOUSE

Moretti retained the respondent to institute suit against the Board of Adjustment of Hackensack and Friendship House in connection with a zoning variance. A complaint was filed in April 1978 with the Superior Court, Law Division, Bergen County. On October 25, 1978, the complaint was dismissed by the Honorable Theodore Trautwein, J.S.C. for failure to prosecute, since respondent neither served nor attempted to serve the summons and complaint. Although respondent thereafter communicated with his client on numerous occasions, he failed to advise Moretti that the matter had been dismissed. To the contrary, respondent advised Moretti that a hearing was scheduled for November 17, 1978. Moretti retained new counsel in April of 1979.

2. ) ROR CONSTRUCTION CORPORATION v. BOARD OF ADJUSTMENT AND JADEMOR INDUSTRIAL COMPANY

Respondent was also retained by Moretti to represent ROR Construction Company in a suit against Jademor Industrial Company and the Hackensack Board of Adjustment. Although respondent prepared and filed a complaint, docketed as L-323-78, with the Superior Court, Law Division, Bergen County, he failed to serve the summons and complaint upon the defendants. Respondent then misrepresented the status of the case to his client on several occasions by stating that they were awaiting a court date.

In April 1979, the file was turned over to Moretti’s new counsel.

3. ) MORETTI ET ALS v. MULTI-PAK CORPORATION

In a third case, Moretti retained respondent to institute suit against Multi-Pak Corporation to obtain a restraining order to prevent Multi-Pak from maintaining a nuisance. A complaint [256]*256was never filed, although the complainant testified that respondent had advised to the contrary. The respondent denied so advising his client. He testified that he was told by the law clerk to the Bergen County Chancery Judge that more than one affidavit was necessary to obtain a restraining order. Respondent claimed to have so advised his client.

In addition, respondent stated that the attorney for Multi-Pak had verbally agreed that the company would institute noise abatement procedures. That agreement was not confirmed in writing. Respondent testified that until his client again complained to him in the fall of 1978, he assumed that the matter was resolved.

Although respondent had not filed a complaint in the matter, a bill dated June 16, 1978 paid by Moretti reflected charges for 3V2 hours of work in the preparation of the complaint as well as for a $60 filing fee. Moretti obtained a copy of the complaint from respondent in December 1978 and filed it with the Superior Court.

[B.] SCHULTZ MATTER

In January of 1979, Richard Schultz retained the respondent to assert a claim and obtain monetary damages to pay for psychiatric care for his son necessitated by injuries sustained by the child. Respondent’s sole activity with regard to the case was to write one letter on the complainant’s behalf. He failed to pursue the matter although he was aware of the importance of a successful conclusion of the matter to the psychological well-being of the child. Additionally, he failed to communicate with Schultz who telephoned him at his home and his office. He did, however, direct a letter to Schultz requesting that his client not call him at home any longer.

In May 1979, Schultz retained new counsel. The respondent failed to comply with the attorney’s request to forward the Schultz file.

[257]*257[C.] MEDASKA MATTER

In early June 1979, Kenneth and Jeanne Medaska purchased a residence in Oakland, New Jersey. They were represented by the respondent at the June 1 closing in that matter. A mortgage law [sic] was obtained from the Washington Savings Bank of Hoboken, New Jersey, and a mortgage check for $30,000 was issued by that bank to the respondent on May 31, 1979. That check was deposited by respondent in his trust account on June 1. Although the first mortgage held by Columbia Savings and Loan Association was paid off on June 14, 1979, a credit check undertaken on July 30 revealed that the mortgage was still recorded as open on that date, and that neither the deed to the purchasers nor the Washington Savings Bank mortgage had been recorded.

On August 6,1979, following several unsuccessful attempts to reach the respondent, a Washington Savings Bank official advised respondent’s secretary that an ethics complaint would be filed due to his failure to record the mortgage. On that same day, respondent forwarded the mortgage to the bank for recording. Both the deed and mortgage were actually recorded on August 7, 1979.

[D.] PROCTORSHIP

At the first hearing before the Board, on June 17, 1981, we reviewed correspondence from Walter Whitman, Esq., who had previously agreed to act as proctor for the respondent’s law practice. That correspondence indicated that the respondent had failed to supply an inventory of all of his pending cases and had failed to maintain contact with the proctor. Respondent represented that he had forwarded the requested list to Mr. Whitman more than one month before the Disciplinary Review Board hearing. He further indicated that he could have been more diligent in a number of the matters complained of but had no excuse for his conduct. In addition, he stated that he had undergone psychiatric treatment for 16 to 18 months, ending in [258]*258June of 1980. He indicated that the psychiatrist had helped in certain areas, particularly with respondent’s tendency to hold up on matters.

[E.] KOEHL MATTER

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Related

Matter of Gill
553 A.2d 1337 (Supreme Court of New Jersey, 1989)
Matter of Willis
552 A.2d 979 (Supreme Court of New Jersey, 1989)
In Re the Disciplinary Proceeding Against Rosellini
739 P.2d 658 (Washington Supreme Court, 1987)
Matter of O'Gorman
493 A.2d 1233 (Supreme Court of New Jersey, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
471 A.2d 10, 95 N.J. 253, 1984 N.J. LEXIS 2403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hollis-nj-1984.