In re Weiner

186 N.J. 468 (2006) · Supreme Court of New Jersey · May 11, 2006 · No. DRB 05-265

Summary

The New Jersey Supreme Court ordered that A. Kenneth Weiner be suspended from practicing law for two years and until further order of the Court. The suspension was based on multiple violations of the New Jersey Rules of Professional Conduct and related disciplinary rules, with reinstatement conditioned on resolving pending disciplinary matters, satisfying a fee arbitration determination, and paying a monetary sanction.

Court
Supreme Court of New Jersey
Jurisdiction
New Jersey
Decision date
May 11, 2006
Docket number
DRB 05-265
Procedural posture
Attorney-discipline proceeding arising from a Disciplinary Review Board decision on a default record. The Supreme Court of New Jersey entered an order imposing a two-year suspension and related conditions on reinstatement.
Precedential value
Published New Jersey Supreme Court disciplinary order
Disposition
other

Topics

administrative lawagency adjudicationremedies

Practice areas

legal ethicsattorney disciplineprofessional responsibilityadministrative lawremedies

Questions Presented

  1. Whether respondent should be suspended from the practice of law for two years based on the violations found by the Disciplinary Review Board.
  2. Whether reinstatement should be conditioned on the conclusion of pending disciplinary matters, satisfaction of an outstanding fee-arbitration determination, payment of a $500 sanction, and compliance with the rules governing suspended attorneys.

Holdings

  1. A. Kenneth Weiner is suspended from the practice of law for two years and until further order of the Supreme Court of New Jersey, effective immediately.
  2. Respondent may not be reinstated until all pending disciplinary matters are concluded, the outstanding fee-arbitration determination in District Docket No. VIII-03-088F is satisfied, and the $500 sanction ordered on May 4, 2005, is paid.
  3. Respondent must remain restrained and enjoined from practicing law and must continue complying with Rule 1:20-20, including its affidavit-of-compliance requirement.

Key quotations

respondent shall not be reinstated to the practice of law until all disciplinary matters pending against him are concluded (469)
respondent continue to be restrained and enjoined from practicing law (469)

Factual background

A. Kenneth Weiner, an attorney admitted to the New Jersey bar in 1970, had already been suspended from practice since July 23, 2004. On a default record, the Disciplinary Review Board found that he engaged in gross and patterned neglect, lack of diligence, inadequate client communication, unreasonable fee practices, failure to return a client file and unearned fee, misrepresentations, noncooperation with disciplinary authorities, conduct prejudicial to the administration of justice, and failures associated with his prior suspension.

Procedural history

The Disciplinary Review Board filed its decision in DRB 05-265, concluding on a record certified under Rule 1:20-4(f) that respondent A. Kenneth Weiner committed multiple violations of the Rules of Professional Conduct and related disciplinary rules. The Supreme Court adopted the disciplinary disposition and ordered that Weiner be suspended for two years, remain restrained from practicing law, comply with requirements governing suspended attorneys, and satisfy specified financial and disciplinary conditions before reinstatement.

Court Document

Open PDF
Loading document…