Lopez v. Pitula

638 A.2d 155, 271 N.J. Super. 116, 1994 N.J. Super. LEXIS 77
CourtNew Jersey Superior Court Appellate Division
DecidedMarch 2, 1994
StatusPublished
Cited by2 cases

This text of 638 A.2d 155 (Lopez v. Pitula) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lopez v. Pitula, 638 A.2d 155, 271 N.J. Super. 116, 1994 N.J. Super. LEXIS 77 (N.J. Ct. App. 1994).

Opinion

The opinion of the court was delivered by

STERN, J.A.D.

This is an appeal by defendant, a New York attorney, from an order of the Law Division confirming an award by a District Fee Arbitration Committee in favor of plaintiff. The issue before us relates to the jurisdiction of the District Fee Arbitration Committee to consider the matter.

Defendant declined to participate in the fee arbitration proceeding except to challenge its jurisdiction. The underlying facts, as advanced by plaintiff, were essentially accepted by the Committee panel in its findings:

On or about August 28,1988, the client, Susan Lopez, contacted Albert R. Arezzi, a licensed private investigator in the State of New Jersey, whose address is 867 Hillsdale Avenue, Hillsdale, New Jersey, and was a former special agent of the U.S. Department of Justice, Immigration and Naturalization Service, in connection with certain criminal proceedings that she expected to be brought against her arising from an alleged fraudulent agricultural worker permits supposedly, either manufactured or distributed by Ms. Lopez.
[118]*118Ms. Lopez had previously known Mr. Pitula in connection with another matter, and had sought out Mr. Arezzi’s help. John L. Pitula was a New York attorney who had formerly been associated with the U.S. Attorney’s office, and particularly involved with the Department of Immigration & Naturalization.
Mr. Arezzi notified Mr. Pitula on August 28 concerning the ease, and had a conversation with Mr. Pitula and Mr. Pitula said he would take the case.
A meeting was arranged between Mi-. Arezzi, Mr. Pitula and Susan Lopez, which was held on August 29,1988, at 149 Boulevard, Passaic, New Jersey, which was the residence of Ms. Lopez.
At said meeting a discussion was held concerning the case, and Mr. Pitula stated that he would have to consult with New Jersey attorneys because if any criminal proceedings were instituted, they would most probably be in New Jersey.
Mr. Pitula contacted Dennis S. Carey, Esquire, who at that time was partners with Neil G. Duffy, III, Esquire, with offices in West Orange, New Jersey, and were practicing under the name of Carey & Duffy.
On August 81, 1988, there was a meeting held at the office of Carey & Duffy in West Orange, New Jersey, where the case was discussed, and Ms. Lopez was informed that the fee for the representation in the entire matter would be $600,000.00.
On September 1,1988, Mr. Arezzi had been given the sum of $200,000.00 in cash, which he delivered to Mr. Pitula on September 1, 1988, at the parking lot of the Holiday Inn in Fort Lee, New Jersey. At said time, Mr. Arezzi was given $20,000.00 by Mr. Pitula for the services that he would be rendering as an investigator.
Thereafter, and prior to September 9, 1988, Mr. Pitula did deliver to Messrs. Carey & Duffy the sum of $90,000.00, which represented one-half of the remainder of the $200,000.00 retainer.
Mr. Pituja kept $90,000.00 for himself.
On Friday, September 9, 1988, there was another discussion concerning the handling of the case, and one week later, to wit, on September 16,1988, Mr. Arezzi notified Mr. Pitula and Messrs. Carey & Duffy that Susan Lopez was not happy with the representation, and that she wanted the return of her monies.
A further meeting was held on October 4, 1988, in an effort to settle the dispute between the client and the attorneys, and at that time no money was refunded to the client. Thereafter, Ms. Lopez engaged the services of another New York firm, which was later relieved, and was finally represented by a New Jersey attorney in connection with the indictment that was issued out of the United States District Court for the District of New Jersey.
The panel finds that all of the contacts with Mr. Pitula concerning the representation, the delivery of money, the handling of the case, were done within the State of New Jersey. The panel further finds that the retainer that was paid was for the [119]*119representation of the client in legal matters that arose in and had to be disposed of within the State of New Jersey.

Based on those findings, the Committee concluded

that there were sufficient contacts with the State of New Jersey, in that all of the legal services were to be rendered in New Jersey, thereby rendering the said John L. Pitula, Esquire, subject to the rules governing the representation of attorneys and subject to the rules governing fee arbitration matters, to wit, Rule 1:20A-1 et seq.
At the time of the hearing as stated above, the New Jersey attorneys, Neil G. Duffy, III and Dennis S. Carey, entered into a Stipulation of Settlement, and the hearing proceeded against the absent John L. Pitula, Esquire.
The panel has decided that John L. Pitula, Esquire, for all intents and purposes was acting as an attorney in the State of New Jersey.
The panel is satisfied that he did receive the sum of $90,000.00 as a retainer for the work that he was to do with the firm of Carey & Duffy, particularly because of his expertise and knowledge of the Immigration & Naturalization Laws of the United States, which would have been of peculiar interest to, and assistance to the New Jersey attorneys.
The panel further finds that within sixteen (16) days from the date of the payment of the retainer, that the plaintiff became dissatisfied with the services being rendered, and notified the attorneys that they were not to represent her any more.
The panel further finds that the said John L. Pitula did not perform any services for which he was entitled to a fee.
The panel further finds that the client, Susan Lopez, is entitled to a return of the $90,000.00 that had been retained by Mr. Pitula.

Defendant was ordered to repay the $90,000 and was advised that a judgment may be entered ‘‘in accordance with R. 1:20-3.”

Defendant appealed to the Disciplinary Review Board (DRB) which “affirmed the action of the Committee” and “dismiss[ed] the appeal.” In its letter decision addressed to defendant’s counsel, the DRB explained its determination:

In the appeal, your client claimed that he met one of the three ground rules for appeal specified in R. l:20A-3(e):
1. A member of the committee hearing the fee dispute failed to disqualify himseli/herself in accordance with standards set forth in R. 1:12-1.
2. the committee failed substantially to comply with the procedural requirements of it 1:20A.
3. there was actual fraud on the part of a member of the committee.
The Board concluded that the District VB Fee Arbitration Committee exercised appropriate jurisdiction over this matter. The rules governing attorneys in New Jersey are broadly applied. In the Board’s view, Mr. Pitula is subject to New [120]

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Cite This Page — Counsel Stack

Bluebook (online)
638 A.2d 155, 271 N.J. Super. 116, 1994 N.J. Super. LEXIS 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-v-pitula-njsuperctappdiv-1994.