Opinion
D-136 September Term 2019 084496
12-01-2020
In the MATTER OF Thomas J. WHITNEY, An Attorney At Law (Attorney No. 041572004)
ORDER
The Disciplinary Review Board having filed with the Court its decision in DRB 19-296, concluding on the record certified to the Board pursuant to Rule 1:20-4(f)(default by respondent) that Thomas J. Whitney of Casper, Wyoming, who was admitted to the bar of this State in 2004, should be suspended from the practice of law for a period of two years for unethical conduct that includes multiple violations of RPC 1.1(a) (gross neglect), RPC 1.3 (lack of diligence), RPC 1.4(b) (failure to communicate with client), RPC 1.15(a) (failure to safeguard client property), RPC 1.16(d) (on termination of representation, failure to surrender papers and property to which the client is entitled and to refund unearned fee), RPC 3.2 (failure to expedite litigation), RPC 8.1(b) (failure to cooperate with disciplinary authorities), and RPC 8.4(c) (conduct involving dishonesty, fraud, deceit, or misrepresentation);
And Thomas J. Whitney having failed to appear on the Order directing him to show cause why he should not be disbarred or otherwise disciplined;
And the Court having held in In re Kivler, 193 N.J. 332, 939 A.2d 216 (2008) that the unexcused failure to comply with a disciplinary Order to Show Cause may be a basis for enhanced discipline;
And good cause appearing;
It is ORDERED that Thomas J. Whitney is disbarred from the practice of law, effective immediately, and that his name be stricken from the roll of attorneys; and it is further
ORDERED that Thomas J. Whitney be and hereby is permanently restrained and enjoined from practicing law; and it is further
ORDERED that Thomas J. Whitney comply with Rule 1:20-20 dealing with disbarred attorneys; 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.