Summary
The New Jersey Supreme Court ordered that Richard L. Rosenthal be suspended from practicing law for one year and until further order of the Court. The Court vacated the finding that he violated RPC 1.16(a)(2), while retaining findings of other ethical violations and imposing fitness certification and supervised-practice requirements for reinstatement.
Topics
Practice areas
Questions Presented
- Whether the Disciplinary Review Board's determination that Rosenthal violated RPC 1.16(a)(2) could stand when the formal complaint failed to satisfy Rule 1:20-4(b).
- What disciplinary sanction and reinstatement conditions were appropriate for the remaining violations of the Rules of Professional Conduct.
Holdings
- The Disciplinary Review Board's determination that Rosenthal violated RPC 1.16(a)(2) was vacated because the formal complaint failed to satisfy Rule 1:20-4(b) as to that violation.
- Rosenthal was suspended from the practice of law for one year and until further order of the Court.
- Before reinstatement, Rosenthal was required to submit proof of fitness to practice law from a mental-health professional approved by the Office of Attorney Ethics, and upon reinstatement he was required to practice under the supervision of an attorney approved by that office.
Key quotations
“It is ORDERED that the determination of the Disciplinary Review Board that respondent violated RPC 1.16(a)(2) is vacated” (31)
“It is ORDERED that RICHARD L. ROSENTHAL is suspended from the practice of law for a period of one year and until the further Order of the Court, effective immediately” (31)
Factual background
Richard L. Rosenthal, a New Jersey attorney admitted in 1965 and formerly of Totowa, had been suspended from practicing law since November 15, 2003. The Disciplinary Review Board found violations involving gross neglect, a pattern of neglect, lack of diligence, failure to keep a client informed, failure to withdraw from representation, and failure to protect a client's interests after termination of representation. The Board also found a violation concerning failure to withdraw when the attorney's physical or psychological condition materially impaired representation, but the Supreme Court determined that the formal complaint did not adequately plead that violation.
Procedural history
The Disciplinary Review Board concluded that Richard L. Rosenthal violated multiple New Jersey Rules of Professional Conduct and recommended a one-year suspension, fitness certification, and supervised practice. The Supreme Court vacated the Board's determination concerning RPC 1.16(a)(2) because the formal complaint failed to satisfy Rule 1:20-4(b), but imposed the recommended one-year suspension and related reinstatement conditions based on the remaining violations.