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In re Sachar

Citations: 217 N.J. 356; 89 A.3d 579; 2014 WL 2011781; 2014 N.J. LEXIS 474

Court: Supreme Court of New Jersey; May 16, 2014; New Jersey; State Supreme Court

Narrative Opinion Summary

An attorney, admitted to the New Jersey bar in 1995, faced a three-month suspension from practicing law for violating RPC 8.4(c), which prohibits conduct involving fraud, dishonesty, deceit, or misrepresentation. This suspension commenced on June 13, 2014, and remains effective until further order from the Court. The attorney is obligated to adhere to Rule 1:20-20, which outlines the duties of suspended attorneys, including submitting an Affidavit of Compliance. Non-compliance could result in a six-month delay in the review process for reinstatement, additional violations under RPC 3578.1(b) and RPC 8.4(c), and potential contempt proceedings as per Rule 1:10-2. Moreover, the disciplinary record will be permanently retained in the attorney's file. The attorney is also mandated to reimburse the Disciplinary Oversight Committee for the administrative expenses incurred during the disciplinary proceedings, as required by Rule 1:20-17. This case underscores the stringent requirements and potential repercussions for attorneys who engage in professional misconduct.

Legal Issues Addressed

Attorney Discipline under RPC 8.4(c)

Application: An attorney was suspended for three months for conduct involving fraud, dishonesty, deceit, or misrepresentation.

Reasoning: Jonathan Edward Sachar, an attorney admitted to the New Jersey bar in 1995, is suspended from practicing law for three months due to violations of RPC 8.4(c), which pertains to conduct involving fraud, dishonesty, deceit, or misrepresentation.

Obligations of Suspended Attorneys

Application: The attorney must comply with Rule 1:20-20, including the Affidavit of Compliance requirement, to avoid further disciplinary actions.

Reasoning: Sachar must comply with Rule 1:20-20, which governs the obligations of suspended attorneys. Failure to comply with the Affidavit of Compliance requirement may result in several consequences: a six-month delay in the Disciplinary Review Board considering his petition for reinstatement, a violation of RPC 3578.1(b) and RPC 8.4(c), and potential contempt proceedings under Rule 1:10-2.

Permanent Record Retention

Application: The attorney's disciplinary record will be permanently retained in his file.

Reasoning: Additionally, the entire record of this matter will be permanently retained in Sachar's attorney file.

Reimbursement of Disciplinary Costs

Application: The attorney is required to reimburse administrative costs incurred during the disciplinary process.

Reasoning: He is required to reimburse the Disciplinary Oversight Committee for the administrative costs and expenses incurred during the disciplinary process as stipulated in Rule 1:20-17.