Summary
In Berger, we recommended that the attorney be censured for the totality of his misconduct, including the negligent invasion of client funds, stemming from the attorney's recordkeeping deficiencies.
Summary of this case from In re MirandaOpinion
D-123 September Term 2020 085845
01-18-2022
In the MATTER OF Lawrence S. BERGER, an Attorney at Law (Attorney No. 218641965)
ORDER The Disciplinary Review Board having filed with the Court its decision in DRB 20-225, concluding that Lawrence S. Berger of Morristown, who was admitted to the bar of this State in 1965, should be censured for violating RPC 1.7(a)(2) (concurrent conflict of interest), RPC 1.8(a) (improper business transaction with a client), RPC 1.15(a) (failure to safeguard funds and commingling personal funds with client or third-party funds, and negligent misappropriation of client and third-party funds), RPC 1.15(d) (failure to comply with the recordkeeping provisions of Rule 1:21-6), RPC 5.3(a) (failure to supervise nonlawyer employees), RPC 5.3(c) (failure to supervise nonlawyer employees who engage in conduct that would be a violation of the RPCs if engaged in by a lawyer), RPC 7.1(a)(1) (misleading communication about the lawyer, the lawyer's services, or any matter in which the lawyer has or seeks a professional involvement), RPC 7.5(d) (inclusion in firm name of an individual without responsibility and liability for the firm's performance of legal services), and RPC 8.4(c) (conduct involving dishonesty, fraud, deceit, or misrepresentation),
And the Disciplinary Review Board having determined that respondent should be required to submit monthly reconciliations of his attorney accounts to the Office of Attorney Ethics, on a quarterly basis, for a period of two years;
And the court having determined from its review of the matter pursuant to Rule 1:20-16 (b), that the record establishes unethical conduct in connection with respondent's recordkeeping responsibilities and that the appropriate quantum of discipline for the unethical conduct established in the record is an admonition, together with the condition that respondent submit monthly reconciliations of his attorney accounts to the Office of Attorney Ethics for a period of two years and until the further Order of the Court;
And good cause appearing;
It is ORDERED that Lawrence S. Berger is hereby admonished for his unethical conduct in violation of RPC 1.15 (a), RPC 1.15 (d), RPC 5.3 (a), and RPC 5.3 (c), and the remaining charges of violation of the Rules of Professional Conduct are hereby dismissed; and it is further
ORDERED that respondent submit monthly reconciliations of his attorney accounts to the Office of Attorney Ethics of on a quarterly basis, for a period of two years, and until the further Order of the Court; and it is further
ORDERED that the entire record of this matter be made a permanent part of respondent's file as an attorney at law of this State; and it is further
ORDERED that respondent reimburse the Disciplinary Oversight Committee for appropriate administrative costs and actual expenses incurred in the prosecution of this matter, as provided in Rule 1:20-17.