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In re Garcia

Citations: 167 N.J. 1; 767 A.2d 959; 2001 N.J. LEXIS 192

Court: Supreme Court of New Jersey; March 8, 2001; New Jersey; State Supreme Court

Narrative Opinion Summary

Gilberto Garcia of Hackensack, admitted to the bar in 1987, has been reprimanded by the Disciplinary Review Board for violating RPC 1.7 and 1.9 regarding conflicts of interest, as well as RPC 5.4 concerning sharing fees with a non-attorney. He is required to complete eight hours of approved professional responsibility courses within one year and submit proof of compliance to the Office of Attorney Ethics. The entire record of this disciplinary matter will be permanently maintained in his attorney file. Garcia must also reimburse the Disciplinary Oversight Committee for the administrative costs associated with these proceedings.

Legal Issues Addressed

Conflicts of Interest under RPC 1.7 and 1.9

Application: The attorney, Gilberto Garcia, violated rules regarding conflicts of interest, which necessitated disciplinary action.

Reasoning: Gilberto Garcia of Hackensack, admitted to the bar in 1987, has been reprimanded by the Disciplinary Review Board for violating RPC 1.7 and 1.9 regarding conflicts of interest.

Continuing Legal Education Requirements for Disciplinary Action

Application: As part of the disciplinary measures, Garcia is required to complete additional professional responsibility courses.

Reasoning: He is required to complete eight hours of approved professional responsibility courses within one year and submit proof of compliance to the Office of Attorney Ethics.

Permanent Record of Disciplinary Actions

Application: A permanent record of Garcia's disciplinary matter will be maintained in his attorney file as part of the proceedings.

Reasoning: The entire record of this disciplinary matter will be permanently maintained in his attorney file.

Prohibition of Fee Sharing with Non-Attorneys under RPC 5.4

Application: Garcia was found to have improperly shared fees with a non-attorney, contravening professional conduct rules.

Reasoning: Gilberto Garcia of Hackensack, admitted to the bar in 1987, has been reprimanded by the Disciplinary Review Board for violating... RPC 5.4 concerning sharing fees with a non-attorney.

Reimbursement of Administrative Costs in Disciplinary Proceedings

Application: Garcia is obligated to reimburse the administrative costs incurred during the disciplinary proceedings.

Reasoning: Garcia must also reimburse the Disciplinary Oversight Committee for the administrative costs associated with these proceedings.