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In re Einhorn

Citations: 217 N.J. 451; 90 A.3d 1256; 2014 WL 2465260; 2014 N.J. LEXIS 500

Court: Supreme Court of New Jersey; May 29, 2014; New Jersey; State Supreme Court

Narrative Opinion Summary

Barbara Kirsch Einhorn, an attorney admitted to the bar in 1985 and temporarily suspended since May 23, 2014, has been officially censured by the Court. This decision follows the Disciplinary Review Board's conclusion in DRB 13-304, which found her in default. She violated several Rules of Professional Conduct: RPC 1.3 (failure to act with reasonable diligence), RPC 1.4(a) (failure to communicate with a client), and RPC 8.1(b) (failure to cooperate with disciplinary authorities). The temporary suspension, initially ordered on April 23, 2014, will remain in effect until further notice. She is prohibited from practicing law during this suspension and must adhere to Rule 1:20-20, which governs suspended attorneys. The entire record of this case will be permanently included in her attorney file. Additionally, she is required to reimburse the Disciplinary Oversight Committee for administrative costs and expenses related to this matter, as stipulated by Rule 1:20-17.

Legal Issues Addressed

Failure to Act with Reasonable Diligence (RPC 1.3)

Application: Barbara Kirsch Einhorn was found in violation of RPC 1.3 due to her failure to act with reasonable diligence in her professional duties.

Reasoning: She violated several Rules of Professional Conduct: RPC 1.3 (failure to act with reasonable diligence)...

Failure to Communicate with Client (RPC 1.4(a))

Application: The attorney did not maintain adequate communication with her client, constituting a breach of RPC 1.4(a).

Reasoning: She violated several Rules of Professional Conduct: ... RPC 1.4(a) (failure to communicate with a client)...

Failure to Cooperate with Disciplinary Authorities (RPC 8.1(b))

Application: Einhorn's lack of cooperation with the disciplinary authorities was a violation of RPC 8.1(b).

Reasoning: She violated several Rules of Professional Conduct: ... and RPC 8.1(b) (failure to cooperate with disciplinary authorities).

Permanent Record of Disciplinary Action

Application: The disciplinary actions taken against Einhorn will be permanently recorded in her attorney file.

Reasoning: The entire record of this case will be permanently included in her attorney file.

Reimbursement of Administrative Costs (Rule 1:20-17)

Application: The attorney is required to cover administrative costs and expenses incurred by the Disciplinary Oversight Committee as per Rule 1:20-17.

Reasoning: Additionally, she is required to reimburse the Disciplinary Oversight Committee for administrative costs and expenses related to this matter, as stipulated by Rule 1:20-17.

Temporary Suspension and Its Consequences

Application: Einhorn's suspension, effective since April 23, 2014, prohibits her from practicing law and requires compliance with Rule 1:20-20.

Reasoning: The temporary suspension, initially ordered on April 23, 2014, will remain in effect until further notice. She is prohibited from practicing law during this suspension and must adhere to Rule 1:20-20, which governs suspended attorneys.