DISCIPLINARY R~VIEW BOARD. February 29, 2016

Similar documents
Timothy J. McNamara appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of

To the Honorable Chief Justice and Associate Justices of the. This matter was before us on a certification of default filed

To the Honorable Chief Justice and Associate Justices of. This matter was before us on a certification of the record

Lee A. Gronikowski appeared on behalf of the Office of Attorney Ethics. Respondent waived appearance for oral argument.

DISCIPLINARY REVIEW BOARD

To the Honorable Chief Justice and Associate Justices of the Supreme Court of New Jersey. This matter came before us on a certification of default

Decision. Richard J. Engelhardt appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of

Kathleen Goger appeared on behalf of the District VB Ethics Committee. To the Honorable Chief Justice and Associate Justices of

To the Honorable Chief Justice and Associate Justices of the. a certification of default filed by the District IIIB Ethics

Reid A. Adler appeared on behalf of the Office of Attorney Ethics. Respondent did not appear for oral argument, despite proper notice.

Joseph Glyn appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of the

To the Honorable Chief Justice and Associate Justices of. filed by the District VB Ethics Committee ("DEC")', pursuant to

To the Honorable Chief Justice and Associate Justices of the. This matter was before us on a certification of default filed

HoeChin Kim appeared on behalf of the Office of Attorney Ethics. David H. Dugan, III appeared on behalf of respondent.

To the Honorable Chief Justice and Associate Justices of. This matter was before us on a certification of default

To the Honorable Chief Justice and Associate Justices of. Two consolidated default matters came before us on

Reid A. Adler appeared on behalf of the Office of Attorney Ethics. Marc Allen Futterweit appeared on behalf of respondent.

To the Honorable Chief Justice and Associate Justices of the. These default matters, which were consolidated for our

To the Honorable Chief Justice and Associate Justices of. These matters were before us on certifications of the

A1 Garcia appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of the

1999. The card is signed by "P. Clemmons." The regular mail was not returned.

To the Honorable Chief Justice and Associate Justices of the. These matters were before us on certifications of default

Nitza Blasini appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of

Andrea Fonseca-Romen appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of

To the Honorable Chief Justice and Associate Justices of the Supreme Court of New Jersey. This matter was before us on a certification of default,

Supreme Court of New Jersey.

To the Honorable Chief Justice and Associate Justices of. This matter was before us on a certification of default

To the Honorable Chief Justice and Associate Justices of the. This matter came before us on a certification of default

Janice L. Richter appeared on behalf of the Office of Attorney Ethics. Respondent waived appearance for oral argument.

with a violation of RPC 8.1(b) (failure to cooperate with disciplinary authorities). He was,

To the Honorable Chief Justice and Associate Justices of the Supreme Court of New Jersey. This matter was before us on a certification of default

Joseph A. Glyn appeared on behalf of the Office of Attorney Ethics. Respondent did not appear for oral argument, despite proper service.

Deborah Fineman appeared on behalf of the District VA Ethics Committee. To the Honorable Chief Justice and Associate Justices of

To the Honorable Chief Justice and Associate Justices of. This matter was before us on a recommendation for a

Melissa Czartoryski appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of. before.

Marc Bressler appeared on behalf of the District VIII Ethics Committee. To the Honorable Chief Justice and Associate Justices of

publicly reprimanded in 1994 for violations of RPC 1.3, RPC 1.4(a) and RPC 1.5(c) (failure

To the Honorable Chief Justice and Associate Justices of. This matter was before us on a certification of default

To the Honorable Chief Justice and Associate Justices of. These matters were before us on two certified records: one

To the Honorable Chief Justice and Associate Justices of. These matters came before us on certified records from the

Decision. Mark Ao Rinaldi appeared on behalf of hhe District IV Ethics Committee. Jay Martin Herskowitz appeared on behalf of respondent.

To the Honorable Chief Justice and Associate Justices of. This matter came before us on a certification of default

SUPREME COURT OF NEW JERSEY Disciplinary Review Board Docket No. DRB District Docket No. XI E

Berge Tumaian appeared for the District IIIB Ethics Committee. To the Honorable Chief Justice and Associate Justices of

SUPREME COURT OF NEW JERSEY Disciplinary Review Board Docket No. DRB IN THE MATTER OF CHARLES F. MARTONE, AN ATTORNEY AT LAW

To the Honorable Chief Justice and Associate Justices. Pursuant to R ~.l:20-4(f), the District X Ethics

mail to respondent s last known office address in Camden, New Jersey. The returned

unearned retainers and converted bankruptcy estate funds to her own use.

Jason D. Saunders appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of the

SUPREME COURT OF NEW JERSEY Disciplinary Review Board Docket No. DRB

To the Honorable Chief Justice and Associate Justices of the Supreme Court of New Jersey. This matter was before us on a certification of default

Richard J. Engelhardt appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of

IAlthough respondent indicated that he would appear, after oral argument, he explained that he could not appear because of car trouble.

J. Engelhardt appeared on behalf of the Office of. To the Honorable Chief Justice and Associate Justices of the Supreme Court of New Jersey.

SHARON HALL AN ATTORNEY AT LAW IN THE MATTER OF. Decision Default [_R. i:20-4(f)(1)]

Pursuant to R. 1 :20-4(f)(l), the District VA Ethics Committee ("DEC") certified the record

TO the Honorable Chief Justice and Associate Justices of the. This matter was before us on a certification of the record

Richard J. Engelhardt appeared on behalf of the Office of Attorney Ethics.

ResPondent was admitted to the New Jersey bar in 1983 and has been in private practice in Lake Hiawatha, Morris County.

To the Honorable Chief Justice and Associate Justices of the. This matter was before us on a certification of the record

James Herman appeared on behalf of the District IV Ethics Committee.

Philip B. Vinick appeared on behalf of the District VC Ethics Committee. To the Honorable Chief Justice and Associate Justices of the

To the Honorable Chief Justice and Associate Justices of the

Hillary K. Horton appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of the

IN THE SUPREME COURT OF PENNSYLVANIA. OFFICE OF DISCIPLINARY COUNSEL, : No Disciplinary Docket No. 3 Petitioner. v. : No.

charged respondent with violating RPC 1.5(a) (charging an unreasonable fee), RPC 1.5(b) (failure to reduce the basis or

To the Honorable Chief Justice and Assoc~iate Justices of. Pursuant to R ~. 1:20-4(f), the District IX Ethics Committee

SUPREME COURT OF NEW JERSEY Disciplinary Review Board Docket No. DRB IN THE MATTER OF JOSEPH DeMESQUITA AN ATTORNEY AT LAW

.To the Honorable Chief Justice and Associate Justices of. This matter was before us on a disciplinary stipulation

Christina Blunda Kennedy appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of

Richard. W,.~Mackiewicz., Jr. appearedon behalf of the District VI Ethics Committee. To the Honorable Chief Justice and Associate Justices of

SUPREME COURT OF NEW JERSEY DISTRICT ETHICS COMMITTEE Ocean County District IIIA

Timothy J. McNamara appeared on behalf of the Office of Attorney Ethics. Bernard K. Freamon appeared on behalf of respondent.

This matter came before us on a certification of default. filed by the District IIA Ethics Committee (DEC), pursuant to R~

Poveromo, 170.N.J. 625 (2002). In that same year, he was reprimanded for failure to

SUPREME COURT OF NEW JERSEY

Keith E. Lynott appeared on behalf of the District VA Ethics Committee.

To the Honorable Chief Justice and Associate Justices of. This matter was before us on a certification of the record,

Stacey Kerr appeared on behalf of the District IIIA Ethics Committee. To the Honorable Chief Justice and Associate Justices of

Nitza I. B lasini appeared on behalf of the Office of Attorney Ethics.

Johanna Barba Jones appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of the.

IN THE SUPREME COURT OF FLORIDA (Before a Referee) [TFB Nos ,980(07B); v ,684(07B)]

Horton appeared on behalf of the Office of Attorney. TO the Honorable Chief Justice and Associate Justices of

SUPREME COURT OF NEW JERSEY Disciplinary Review Board Docket No. ORB

To the Honorable Chief Justice and Associate Justices of. discipline (reprimand) filed by the District IV Ethics Committee

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

~/

P.O. Box 963, Trenton, New Jersey 08625, by by way way of of complaint against Respondent, says: says: GENERAL ALLEGATIONS

IN THE MATTER OF MICHAEL P. SKELLY, AN ATTORNEY AT LAW. Decision and Recommendation of the Disciplinary Review Board

SUPREME COURT OF NEW JERSEY Disciplinary Review Board Docket No. DRB

Hillary K. Horton appeared on behalf of the Office of Attorney Ethics. Respondent failed to appear, despite proper notice.

Christina Blunda Kennedy appeared on behalf of the Office of Attorney Ethics. David H. Dugan, III appeared on behalf of respondent.

Michael J. Sweeney appeared on behalf of the Office of Attorney Ethics. Jose Silva, Jr. appeared on behalf of respondent.

adequately communicate with a client, in violation of RPC 1.3 and RPC 1.4(a). In the

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

IN THE MATTER OF BARRY F. ZOTKOW, AN ATTORNEY AT LAW. Decision of the Disciplinary Review Board

Arnold H. Feldman appeared on behalf of Rovner, Allen, Seiken and Rovner.

HoeChin Kim appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of the

Hillary Horton appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of

Thomas Carver appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of

Transcription:

DISCIPLINARY R~VIEW BOARD OFTHE SUPREME COURT OF NEW JERSEY ELL N A, BRODSK~ CHIEF COUNSEL PAuLAT, G~U720 MEL1SSA URBAN TIMOTHY M, ELLIS LmL~N I~wl~ ~LIN T, T~s ~ rhr~ ANN~ WI~ Mark Neary, Clerk Supreme Court of New Jersey P.O. Box 970 Trenton, New Jersey 08625-0962 Re : In the Matter of Hae Yeon Baik Docket No. DRB 15-395 District Docket No. XIV-2014-0040E Dear Mr. Neary: The.Disdiplinary Review Board reviewed the motion for discipline by consent (reprimand) filed by the Office of Attorney Ethics (OAE), pursuant to R =. l:20-10(b)(1). Following a review of the record, the Board determined to grant the motion.- In the Board s view, a reprimand is the discipline for respondent s violations of RPC 1.5(b) (failure to set forth in writing the basis or rate of a fee); RP qc 1.15(a) (failure to hold a client s property separate from the lawyer s own property, to keep funds in a separate account in a New bank, and to keep such records for seven years); RPC 1.15(c) (failure to keep property in which both the lawyer and another person claim interests); RPC 1.15(d) (failure to comply with R~. 1:21-6, recordkeeping rules); RPC 5.5(a) (unauthorized practice of law); and RPC 8.4(b) (criminal act -- the unauthorized practice of law). Notwithstanding the parties stipulation that respondent s conduct violated RPC 1.5(a), RPC 5.5(b), and RPC 7.1(a), theboard did not find clear and convincing evidence to those violations and, therefore, dismissed them.

I!~!O Hae Yeo~,,Bgik, DRB 15-395 Page 2 of 5 In 2012, New residents Moo and Eun Hyon in the purchase of real and in the rental of that property, which was located in Camden County, New Jersey. Although never to the Hyons that she was a member of the New Jersey bar, she never informed them that she was neither admitted to in New nor otherwise authorized to do so. Thus, by this conduct, violated RPC 5.5(a). Moreover, respondent stipulated that federal court actions brought her by her former clients in 2009, which she successfully defended, nevertheless put her on notice that her representation of the Hyons in these real estate matters constituted the unauthorized practice of law in New Jersey. Accordingly, she stipulated that her unauthorized practice of law in New Jersey, for which she received a financial benefit in the form of legal fees, was a criminal act, in violation of both N.J.S.A. 2C:21-22 and RPC 8.4(b). Earlier in 2012, respondent had represented the Hyons in a matter, but had provided no written agreement addressing legal fees. When respondent represented the Hyons in their subsequent New rea! estate matters, from 2012 through 2014, she again failed to provide a written agreement concerning legal fees. Respondent s conduct in this respect violated RPC 1.5(b). At some point during her representation of the Hyons, respondent received a $9,400 check made payable to "Moo Hyon and Eun Hyon, C/O Baik & Associates, P.C." Respondent deposited that check in her firm s Pennsylvania bank account, although it was not payable to her and she did not have the Hyons authorization to do so. Respondent had no New Jersey trust or business accounts, as by Rule 1:21-6, and had taken no steps to maintain these client funds in accordance with that rule. Respondent s conduct in this respect violated RPC 1.15(a) and RPC 1.15(d). As noted previously, following the purchase of the Camden County property, the Hyons later rented the property to a tenant. Respondent deposited rent from the tenant into her firm s account, and then, without the Hyons authorization, disbursed portions of that rental income to her firm as legal fees. In doing so, respondent again violated RPC 1.15(a) and further violated RP C 1.15(c) and RPC 1.15(d).

I/M/O Hae Yeon Baik, DRB 15-395 Page 3 of 5 In general, reprimands are imposed on New who law in jurisdictions where they are not licensed. See In re Bronson, 197 N.J. 17 (2008) (attorney practiced law in New York, a state in which he was not admitted, failed to prepare a writing setting forth the basis or rate of his fee in a criminal matter, and failed to disclose to a New York court that he was not licensed there; was temporarily~ following criminal guilty plea, for which final discipline was pending); In re Haberman, 170 N.J. 197 (2001) (on behalf of his New York/New Jersey law firm, attorney appeared in court in New Jersey, where he was not admitted, and did not advise the court that he was not admitted to practice law in New Jersey; the attorney also appeared as counsel at a deposition taken in connection with a Superior Court matter; the attorney s ~ hac vice in New Jersey also were suspended for one year; no prior discipline); In re Benedetto, 167 N.J. 280 (2001) (attorney pleaded guilty to the unauthorized practice of law, a misdemeanor in South Carolina; the attorney had received several referrals of personal injury cases and had represented clients in South Carolina, although he was not licensed in that jurisdiction; prior private reprimand for failure to maintain a bona fide office in New Jersey); In re Auerbacher, 156 N.J. 552 (1999) (although not licensed in Florida, attorney drafted a joint venture agreement between her brother and another individual in Florida and unilaterally designated herself as sole arbitrator in the event of a dispute; the attorney admitted to Florida authorities that she had engaged in the unauthorized practice of law in that State; no prior discipline); and In re Pamm, 118 N.J. 556 (1990) (attorney filed an answer and a counterclaim in a divorce proceeding in Oklahoma, although she was not admitted to practice in that jurisdiction; the attorney also grossly neglected the case and failed to her client s interest upon the representation; in a matter, the obtained a client s signature on a blank certification; in a third matter, the~attorney engaged in an improper ex parte communication with a judge). But see In re Kinqsle, 204 N.J. 315 (2011) (censure imposed based on discipline in the State of Delaware, where the attorney was not licensed to practice, for engaging in the unlawful of law by drafting estate planning documents for a public accountant s Delaware clients, many of whom the attorney had never met; attorney also assisted the public accountant in the unauthorized practice of law by preparing estate planning documents based solely on the accountant s notes

I/M/O Hae Yeon Baik, DRB 15-395 4 of 5 and by failing to ensure that the compiled documents with the clients wishes; discipline enhanced due to attorney s continued in scheme with accountant after entry of a cease and desist order by a Delaware court; no prior discipline). The Board found respondent s lack of prior in both and New to the sole mitigating factor. The Board also the joint of the parties in the stipulation, acknowledging the linchpin of respondent s unethical conduct to be her unauthorized practice of law in New Jersey, and noting that the additional infractions "follow the violation of RPC 5.5(a). and are not presented here as violations that~ should enhance the category of discipline." Here, based on the above precedent, respondent s lack of prior discipline, and the absence of aggravating the Board concluded that respondent s misconduct warrants a Enclosed are the following documents: Notice of motion for discipline by consent, dated November 30, 2015. 2. Stipulation of discipline by consent, dated November 30, 2015. 3. Affidavit of consent, dated "November, 2015." 4. Ethics history, dated. Very truly yours, Enclosures c: See attached list Ellen A. Brodsky Chief Counsel

I/M/O Ha~,,,,,~,9,9~, Baik, DRB 15-395 Page 5 of 5 Bonnie C. Frost, Chair Disciplinary Review Board (w/o enclosures) Charles Centinaro, Director Office of Attorney Ethics (w/o enclosures) Isabel McGinty, Assistant Ethics Counsel Office of Attorney Ethics (w/o enclosures) Suzanne McSorley, Respondent s Counsel (w/o enclosures)