Opinion
D-157 September Term 2011, 071391
12-05-2012
In the Matter of Robert A. FRANCO, an Attorney at Law (Attorney No. 013491989).
ORDER
The Disciplinary Review Board having filed with the Court its decision in DRB 12–053, 12–054, 12–055 and 12–056, concluding that ROBERT A. FRANCO of MORRISTOWN, who was admitted to the bar of this State in 1989, should be suspended from the practice of law for a period of three months for violating RPC 1.5(d) (commingling of funds and charging a non-refundable retainer), RPC 1.7(a) (conflict of interest), RPC 1.8(a) (impermissible business transaction with client), RPC 1.15(d) and Rule 1:21–6 (recordkeeping violations), and good cause appearing; It is ORDERED that ROBERT A. FRANCO is suspended from the practice of law for a period of three months, and until the further Order of the Court, effective January 4, 2013; and it is further
ORDERED that respondent comply with Rule 1:20–20 dealing with suspended attorneys; and it is further
ORDERED that pursuant to Rule 1:20–20(c), respondent's failure to comply with the Affidavit of Compliance requirement of Rule 1:20–20(b)(15) may (1) preclude the Disciplinary Review Board from considering respondent's petition for reinstatement for a period of up to six months from the date respondent files proof of compliance; (2) be found to constitute a violation of RPC 8.1(b) and RPC 8.4(c) ; and (3) provide a basis for an action for contempt pursuant to Rule 1:10–2; 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.