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In re Rush

Citations: 225 N.J. 15; 136 A.3d 938; 2016 N.J. LEXIS 556

Court: Supreme Court of New Jersey; June 2, 2016; New Jersey; State Supreme Court

Narrative Opinion Summary

William J. Rush, an attorney admitted to the bar in 2002, has been reprimanded by the Disciplinary Review Board for multiple violations, including: RPC 1.3 (lack of diligence), RPC 1.15(a) (commingling funds and recordkeeping violations), RPC 1.15(b) (failure to promptly notify clients or third parties of received funds and to disburse those funds), RPC 1.15(d) (noncompliance with recordkeeping requirements), and RPC 8.4(c) (conduct involving dishonesty, fraud, deceit, or misrepresentation). The reprimand will be documented permanently in Rush's attorney file. Additionally, he is ordered to reimburse the Disciplinary Oversight Committee for the administrative costs and actual expenses related to this case, as stipulated in Rule 1:20-17.

Legal Issues Addressed

Attorney Discipline for Lack of Diligence

Application: The Disciplinary Review Board reprimanded the attorney for failing to act with diligence in his professional conduct, as required by RPC 1.3.

Reasoning: William J. Rush, an attorney admitted to the bar in 2002, has been reprimanded by the Disciplinary Review Board for multiple violations, including: RPC 1.3 (lack of diligence).

Commingling of Funds and Recordkeeping Violations

Application: The attorney violated RPC 1.15(a) by commingling client funds with personal funds and failing to maintain proper financial records.

Reasoning: William J. Rush, an attorney admitted to the bar in 2002, has been reprimanded by the Disciplinary Review Board for multiple violations, including: RPC 1.15(a) (commingling funds and recordkeeping violations).

Conduct Involving Dishonesty or Misrepresentation

Application: The attorney engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation, violating RPC 8.4(c).

Reasoning: William J. Rush, an attorney admitted to the bar in 2002, has been reprimanded by the Disciplinary Review Board for multiple violations, including: RPC 8.4(c) (conduct involving dishonesty, fraud, deceit, or misrepresentation).

Failure to Notify and Disburse Funds

Application: The attorney failed to promptly inform clients or third parties of received funds and did not disburse those funds as required by RPC 1.15(b).

Reasoning: William J. Rush, an attorney admitted to the bar in 2002, has been reprimanded by the Disciplinary Review Board for multiple violations, including: RPC 1.15(b) (failure to promptly notify clients or third parties of received funds and to disburse those funds).

Noncompliance with Recordkeeping Requirements

Application: The attorney did not comply with the recordkeeping requirements, in violation of RPC 1.15(d).

Reasoning: William J. Rush, an attorney admitted to the bar in 2002, has been reprimanded by the Disciplinary Review Board for multiple violations, including: RPC 1.15(d) (noncompliance with recordkeeping requirements).

Permanent Documentation of Reprimand

Application: The reprimand will be recorded permanently in the attorney's file, underscoring the seriousness of the violations.

Reasoning: The reprimand will be documented permanently in Rush's attorney file.

Reimbursement of Administrative Costs

Application: The attorney is required to reimburse the Disciplinary Oversight Committee for the costs and expenses of the disciplinary proceedings, according to Rule 1:20-17.

Reasoning: Additionally, he is ordered to reimburse the Disciplinary Oversight Committee for the administrative costs and actual expenses related to this case, as stipulated in Rule 1:20-17.