In re Sigman

104 A.3d 230, 220 N.J. 141, 2014 N.J. LEXIS 1387
CourtSupreme Court of New Jersey
DecidedDecember 18, 2014
StatusPublished
Cited by2 cases

This text of 104 A.3d 230 (In re Sigman) 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 Sigman, 104 A.3d 230, 220 N.J. 141, 2014 N.J. LEXIS 1387 (N.J. 2014).

Opinion

Justice PATTERSON

delivered the opinion of the Court.

In an ethics proceeding conducted by the Pennsylvania Office of Disciplinary Counsel (ODC), respondent Scott P. Sigman admitted to violating several Pennsylvania Rules of Professional Conduct. Respondent’s disciplinary proceedings arose from his misappropriation of referral and legal fees that should have been paid, in whole or in part, to the law firm that employed him, his misuse of other resources belonging to his employer, and his false testimony regarding insurance proceeds issued in a real estate matter. With respondent’s consent, and based on his admissions of wrongdoing, the Supreme Court of Pennsylvania suspended his license to practice law in that state for a period of thirty months.

Following the suspension of respondent’s Pennsylvania law license, the New Jersey Office of Attorney Ethics (OAE) moved before the Disciplinary Review Board (DRB) for reciprocal disci[144]*144pline pursuant to Rule l:20-14(a). A majority of the DRB recommended disbarment, reasoning that respondent had knowingly misappropriated law firm funds and that such misconduct mandates disbarment in New Jersey. A dissenting DRB member voted for a three-year suspension.

Applying the standard of Rule l:20-14(a), which governs the imposition of reciprocal discipline following disciplinary proceedings conducted by another jurisdiction, we do not find that respondent’s misconduct warrants “substantially different discipline” from the sanction imposed by Pennsylvania authorities for conduct that took place during and after his employment with a Philadelphia law firm. Notwithstanding our longstanding rule that a lawyer’s misappropriation from a law firm may warrant disbarment, we conclude that the circumstances of this case warrant discipline short of the ultimate sanction of disbarment. Respondent has presented a significant showing of compelling mitigating factors, including his prior record of no disciplinary proceedings, his contribution to the legal profession and his community, his candid admission of wrongdoing, his cooperation with disciplinary authorities, and the ongoing business dispute between respondent and his former law firm, during which his misconduct was reported to Pennsylvania ethics authorities. We do not find in this case compelling reasons to depart from the discipline imposed by our sister jurisdiction.

Thus, in accord with the determination of the Supreme Court of Pennsylvania, we impose a thirty-month suspension of respondent’s license to practice law in New Jersey.

I.

We rely on the stipulated summary of the record set forth in the joint petition in support of discipline on consent, filed by the ODC before the Disciplinary Board of the Supreme Court of Pennsylvania, which was the basis for the DRB’s decision and recommendation in this case. See R. l:20-14(a)(5).

[145]*145Respondent was admitted to the bars of New Jersey and Pennsylvania in 2001. Prior to the proceedings that led to his suspension in Pennsylvania, he had no history of discipline in either jurisdiction.

This matter arose from respondent’s employment as an associate in the Philadelphia law firm of Bochetto & Lentz, P.C., from July 5,2005 through March 6,2009. Although the record does not reflect that respondent had a written employment agreement, he has admitted that he was aware that certain terms governed his employment with Bochetto & Lentz. Respondent understood that he was barred from handling client matters that were independent of the firm or were not approved by George Bochetto, Esq. (Bochetto), of Bochetto & Lentz. Respondent was also aware that he was prohibited from referring actual or prospective client matters to other attorneys, was not permitted to decline referrals from other lawyers without his employer’s consent, and was barred from charging retainers or fees to clients or prospective clients without Boehetto’s approval. Respondent understood his obligation to record his time spent on firm-client matters and non-client activity that was related to his employment.

The stipulated record includes a summary of the fee-allocation rules that governed respondent’s arrangement with Bochetto & Lentz. For purposes of allocating shares of fees, the law firm evidently considered client matters “originated” by an associate to be distinct from client matters “referred” to that associate by attorneys from other firms; it is unclear what precisely distinguished those two categories. With respect to cases “originated” by an associate, respondent was entitled to receive twenty percent of the fees received by the firm if the matter involved criminal defense or was in the “hourly-paid” category, and thirty-three and one-third percent of the fees received by the Arm if the matter was handled on a contingent-fee basis. If the matter was referred by an attorney outside the firm, and the client approved a referral fee arrangement, the referring attorney typically would receive twenty percent of the fees received by the firm and respondent [146]*146would receive eight percent of the fees. The record does not indicate whether those billing arrangements were memorialized in writing, or whether the basic terms were varied for particular cases.

Respondent’s Pennsylvania suspension, and the OAE’s petition for reciprocal discipline, derive from seven allegations of misconduct, in violation of several Pennsylvania Rules of Professional Conduct (Pennsylvania RPCs ).1

The first allegation concerns a representation undertaken by respondent in early 2007. Respondent was retained by a former Bochetto & Lentz attorney to handle a hearing involving the suspension of the client’s driver’s license. Respondent handled the matter without obtaining permission from Bochetto, and did not share the $600 fee with his firm.2 Respondent contends that the firm was aware of his representation of the client because he recorded his time, and notes that only a small amount of money was at issue. However, as he stipulated in his Pennsylvania disciplinary proceedings, and as the Pennsylvania ODC found, respondent’s conduct violated Pennsylvania RPCs 1.15(a) (duty to keep property of others in identified bank account), 1.15(b) (duty to notify third person of receipt of funds in which third person has interest), and 8.4(c) (conduct involving dishonesty, fraud, deceit or misrepresentation).

The Pennsylvania ODC’s second allegation involved respondent’s September 2007 referral of a prospective client to another attorney without Bochetto’s knowledge or permission. Respondent stipulated, and the ODC found, that he violated Pennsylvania [147]*147RPCs 1.15(a), 1.15(b), and 8.4(c). Respondent admits in this proceeding that he referred the client without notifying his employer, but he contends that the matter was merely a business dispute between him and his employer.

The third allegation in the Pennsylvania ODC proceedings against respondent arose from his representation of a client in three matters in early 2008. In accordance with the firm’s requirements, respondent recorded his time on the file and arranged for the initial legal fees to be paid by the client’s father to Bochetto & Lentz. However, respondent admittedly instructed the client’s father to write a $5000 cheek payable to respondent personally, as payment for a portion of the legal work performed on the client’s behalf.

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Bluebook (online)
104 A.3d 230, 220 N.J. 141, 2014 N.J. LEXIS 1387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sigman-nj-2014.