Opinion
D-23 September Term 2019 083556
12-11-2019
In the MATTER OF John F. WISE, An Attorney At Law (Attorney No. 038471983)
ORDER
This matter having been duly presented pursuant to Rule 1:20-10(b), following a granting of a motion for discipline by consent in DRB 19-241 of John F. Wise of West Orange, who was admitted to the bar of this State in 1983;
And the District VC Ethics Committee and respondent having signed a stipulation of discipline by consent in which it was agreed that respondent violated RPC 1.3 (lack of diligence), RPC 1.4(b) (failure to keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information), RPC 1.4(c) (failure to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation) RPC 1.5(b) (when a lawyer has not regularly represented a client, failure to set forth in writing the basis or rate of the attorney's fee), RPC 1.16(a)(2) (failure to withdraw from the representation of a client if the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client); and RPC 1.16(d) (on termination of representation, failure to take steps to the extent reasonably practicable to protect a client's interests, such as surrendering papers and property to which the client is entitled and refunding any fee that has not been earned or incurred);
And the parties having agreed that respondent's conduct violated RPC 1.3, RPC 1.4(b), RPC 1.4(c), RPC 1.5(b), RPC 1.16(d) and RPC 1.16(a)(2), and that said conduct warrants a censure or a three-month suspension or lesser discipline;
And Disciplinary Review Board having determined to dismiss the charged violations of RPC 1.4(c), RPC 1.5(b) and RPC 1.16(a)(2) ;
And the Disciplinary Review Board having further determined that a three-month suspension from practice is the appropriate discipline for respondent's unethical conduct and having granted the motion for discipline by consent in District Docket No. VC-2016-0001E and VC-2016-0002E;
And the Disciplinary Review Board having further determined that respondent should be required to return the client files in the Jenkins and Martin matter, and to refund the $2,500 retainer to client Martin;
And the Disciplinary Review Board having submitted the record of the proceedings to the Clerk of the Supreme Court for the entry of an order of discipline in accordance with Rule 1:20-16(e);
And good cause appearing;
It is ORDERED that John F. Wise of West Orange is hereby suspended from the practice of law for a period of three months, effective January 8, 2020; and it is further
ORDERED that respondent shall return the files in the Jenkins and Martin matters, and refund the $2500.00 retainer in the Martin matter within thirty days of the filing date of this Order; and it is
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(d) ; 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.