In the Matter of Richard J. Simon, an Attorney at Law

Summary

The Supreme Court of New Jersey held that an attorney violated RPC 1.7(a)(2) by suing a current client for unpaid legal fees while representing the client in a murder prosecution. The Court concluded that the lawsuit created an impermissible conflict of interest and could not be used to force withdrawal from the criminal case. In light of mitigating circumstances, including the attorney's unblemished disciplinary record and uncertainty regarding the applicable ethics guidance, the Court imposed a reprimand.

Holdings

1. An attorney violates RPC 1.7(a)(2) by suing a present or existing client for fees while actively representing that client because the lawsuit places the attorney in an adversarial relationship with the client and creates a divided loyalty.
2. An attorney may not seek a remedy against a client that creates a conflict under the Rules of Professional Conduct for the purpose of forcing withdrawal from a case.
3. A reprimand was appropriate under the totality of the circumstances.

Questions Presented

1. Whether an attorney violates RPC 1.7(a)(2) by suing a current client for legal fees while continuing to represent that client in a criminal case.
2. Whether an attorney may use a fee-collection lawsuit against a current client to create a conflict and obtain withdrawal from ongoing litigation.
3. What discipline was appropriate under the totality of the circumstances.

Disposition

other