Matter of Ravich, Koster, Tobin, Oleckna, Reitman & Greenstein

715 A.2d 216, 155 N.J. 357, 1998 N.J. LEXIS 627
CourtSupreme Court of New Jersey
DecidedJuly 28, 1998
StatusPublished
Cited by3 cases

This text of 715 A.2d 216 (Matter of Ravich, Koster, Tobin, Oleckna, Reitman & Greenstein) 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
Matter of Ravich, Koster, Tobin, Oleckna, Reitman & Greenstein, 715 A.2d 216, 155 N.J. 357, 1998 N.J. LEXIS 627 (N.J. 1998).

Opinions

PER CURIAM.

This is an attorney-disciplinary case in which respondents were charged with violations of the Rules of Professional Conduct governing the solicitation of clients, in this case, the victims of a disaster. At the request of the Court, the matter was initiated by an investigation undertaken by the Committee on Attorney Advertising. The Committee’s determination and disciplinary recommendations were reviewed by the Disciplinary Review Board. The Board’s decision is before the Court based on the petition of the Office of Attorney Ethics.

I

Shortly before midnight on March 23, 1994, a gas line explosion rocked the Durham Woods apartment complex in Edison, completely destroying eight of the sixty-three apartment buildings. The blast displaced all 1500 residents from their homes. Luckily, no one was directly killed by the explosion, and relatively few people were physically injured. Unfortunately, however, many people lost everything they owned, including their ears.

The American Red Cross immediately established an emergency shelter in the Edison High School. The cafeteria was turned into a reception and food area, while the gymnasium was converted to a sleeping and living area. Witnesses described the atmosphere in the shelter as chaotic with residents appearing scared, disoriented, and distraught. Victims also found emergency shelter in several different local hotels.

After the press reported in several articles that attorneys were “preying” upon the victims, we ordered the Committee on Attorney Advertising (CAA) to investigate. Subsequently, four attorneys, Kenneth S. Oleekna, Charles E. Meaden, Raymond Eisdor-fer, and Samuel Convery, and one law firm, Ravich, Koster, Tobin, Oleekna, Reitman & Greenstein, P.C., a/k/a TEAMLAW (TEAM-[362]*362LAW), were charged with violating Rules of Professional Conduct (RPC) 7.3(b)(1) and (4). The CAA recommended that Meaden be suspended for three months, that Oleckna, TEAMLAW, and Eis-dorfer be reprimanded, and that the charges against Convery be dismissed pursuant to Rule l:19A-4. The Disciplinary Review Board (DRB) considered the matter de novo and determined that Meaden should be reprimanded rather than suspended and that all charges against the other respondents should be dismissed.

The Office of Attorney Ethics (OAE) agreed with the recommendation of the CAA in each of the matters, including the dismissal of the charges against Convey. Accordingly, the OAE petitioned this Court to review the DRB’s decisions concerning the other respondents. Respondents all filed letter briefs in opposition. On February 3, 1998, we granted the OAE’s petitions for review and also dismissed the Convery matter.

II

The issue before us is whether the three attorneys and one law firm violated the provisions set forth in the Rules of Professional Conduct by soliciting clients after the mass disaster at Durham Woods. At the time of the events at issue here, RPC 7.3(b) stated in pertinent part:

A lawyer shall not contact, or send a written communication to, a prospective client for the purpose of obtaining professional employment if:
(1) the lawyer knows or reasonably should know that the physical, emotional or mental state of the person is such that the person could not exercise reasonable judgment in employing a lawyer; or
(4) the communication involves direct contact with a prospective client concerning a specific event when such contact has pecuniary gain as a significant motive except that a lawyer may send a letter by mail to a prospective client in such circumstances provided that the letter:
(i) bears the word “ADVERTISEMENT” ... and
(ii) contains the following notice ... “Before making your choice of attorney, you should give this matter careful thought and
(iii) contains an additional notice [that if the letter is misleading, the recipient may report the attorney to the CAA].

In In re Anis, 126 N.J. 448, 599 A.2d 1265, cert. denied sub nom. Anis v. New Jersey Committee on Attorney Advertising, [363]*363504 U.S. 956, 112 S.Ct. 2303, 119 L. Ed.2d 225 (1992), the Court considered the ethics implications of attorney solicitation of clients who were the victims or the surviving relatives of the victims of a disaster. The Court analyzed RPC 7.3(b) and its application to the actions of an attorney following the December 21, 1988, downing of Pan American Flight 103 in Lockerbie, Scotland. 126 N.J. at 452, 599 A.2d 1265. In determining that the attorney should be publicly reprimanded for sending a letter of solicitation to the grieving family of a victim shortly after the disaster, we noted that the State may regulate commercial speech with laws “that directly advance a substantial governmental interest and are appropriately tailored to that purpose.” Id. at 456, 599 A.2d 1265. We ruled that the level of intrusion involved with the solicitation of grieving persons is such that proscribing that conduct implicates a substantial governmental interest and that RPC 7.3(b) directly advances this interest. 126 N.J. at 458-59, 599 A.2d 1265. The Court found that the attorney’s conduct fell within that governmental interest, reasoning that it was “patently offensive to the common sensibilities of the community because it intrudes upon the private grief of victims or their families, serves only to compound their sorrow, and solicits representation of them at a moment of their extreme vulnerability-” Id. at 459, 599 A.2d 1265.

Most important, the Court disagreed with the DRB’s conclusion that RPC 7.3(b)(1) requires proof that the attorney knew that the person he solicited was unable to make a reasoned judgment about obtaining counsel. 126 N.J. at 457, 599 A.2d 1265. We found rather that RPC 7.3(b)(1) contained an objective standard for determining whether a prospective client would be able to make a reasoned judgment. 126 N.J. at 457, 599 A.2d 1265.

The Court acknowledged the difficulty in drawing a bright line cutoff when solicitation may begin. Id. at 460, 599 A.2d 1265. We referred the issue to the CAA to conduct a hearing to devise a “clearer line of vulnerability.” Ibid.1

[364]*364Three years after Anis, the United States Supreme Court addressed the issue of attorney solicitation in Florida Bar v. Went For It, Inc., 515 U.S. 618, 115 S.Ct. 2371, 132 L. Ed.2d 541 (1995). The disciplinary rules at issue in Florida Bar created a thirty-day blackout period after an accident during which attorneys could not, directly or indirectly, solicit accident victims or their relatives. Id. at 620-21, 115 S.Ct.

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Matter of Ravich, Koster, Tobin, Oleckna, Reitman & Greenstein
715 A.2d 216 (Supreme Court of New Jersey, 1998)

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715 A.2d 216, 155 N.J. 357, 1998 N.J. LEXIS 627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-ravich-koster-tobin-oleckna-reitman-greenstein-nj-1998.