Goer, Matter of
| Decision Date | 07 October 1985 |
| Citation | 497 A.2d 1255,100 N.J. 529 |
| Parties | In the Matter of Jerome I. GOER, An Attorney at Law. |
| Court | New Jersey Supreme Court |
The Disciplinary Review Board having filed a report with this Court recommending that JEROME I. GOER of MORRISTOWN, who was admitted to the bar of this State in 1971, be disbarred, and good cause appearing;
It is ORDERED that the Report and Recommendation of the Disciplinary Review Board is hereby adopted; and it is further
ORDERED that JEROME I. GOER be disbarred from the practice of law and that his name be stricken from the roll of attorneys of this State, effective immediately; and it is further
ORDERED JEROME I. GOER be and hereby is permanently restrained and enjoined from practicing law; and it is further
ORDERED that JEROME I. GOER reimburse the Ethics Financial Committee for appropriate administrative costs.
APPENDIX
Decision and Recommendation of the Disciplinary Review Board
This matter is before the Board based upon a presentment filed by the District X (Morris County) Ethics Committee.
The presentment incorporates 11 complaints against Respondent which pertain to misappropriation of client trust funds and commingling of trust funds.
These charges are summarized as follows:
1. ALMITRON MATTER
Respondent was retained by Almitron Enterprizes, Inc. to defend it against a lawsuit which sought $2,733.43 in damages.
Respondent settled the case for $1,287.22. When Almitron later learned that a default judgment had been entered against it, Respondent claimed it was a mistake. He promised to correct the matter, but did not. Almitron through another attorney ultimately settled the case on the original terms. Almitron however, had previously forwarded to Respondent the settlement monies which he misappropriated.
2. MOESSNER MATTER
Respondent represented the Moessners in a property purchase. Respondent was to arrange for the cancellation of existing mortgages and judgments against the sellers. At the closing, the sellers received a net check and the Moessners assumed Respondent paid the existing mortgage of $14,019.11 and judgment of $1,707. However, Respondent never paid these obligations. He did not account for the money he received and the Moessners had to retain another attorney to resolve the matter.
3. SCHMELZ MATTER
Respondent was retained February 19, 1981 by Edward Schmelz, administrator of the estate of Hugh Schmelz, to represent the estate. In May 1982, Respondent asked Mr. Schmelz for partial payment of his fee and received $5,000. On September 2, 1982, Mr. Schmelz went to Respondent's office, signed the inheritance tax return and gave Respondent $2,529.38 to pay the tax liability, which he never paid. Mr. Schmelz's later attempts to contact Respondent were unsuccessful. When the decedent's property was sold in February 1983, Mr. Schmelz was required to place $2500 in escrow for the taxes. Mr. Schmelz was required to again pay the inheritance tax plus interest. A claim is presently pending before the Clients' Security Fund.
4. MLAKAR MATTER
Edward Mlakar retained Respondent in July 1983 to represent him in the purchase of a new home and the sale of his old home. Respondent delayed paying Mr. Mlakar $3,000 due him from his house sale for about two months. Mr. Mlakar had obtained a combination mortgage and construction loan, initially receiving $50,000 to buy the property. After construction commenced he received a check, payable to himself and Respondent, for $15,000. At Respondent's request, Mr. Mlakar gave him the check on November 2, 1983. Respondent promised to give him a trustee check within the week, but did not pay Mr. Mlakar until December 7, 1983. The check was for $14,750; Respondent had deducted $250 for legal fees. When the check was dishonored Respondent told Mr. Mlakar he had mistakenly placed the funds in the wrong account and that Mr. Mlakar should redeposit it. Again the check was rejected. Following the institution of civil suit and the issuance of a writ of attachment, Respondent gave Mr. Mlakar a check for $15,000, which cleared after the second deposit.
5. WERTHEIM MATTER
After Herman Wertheim had sold his business, he gave $55,000 in proceeds to Respondent, his attorney, to forward to his stock broker. Respondent's check to the broker was returned for insufficient funds. Respondent later sent a check for $40,000. The $15,000 difference was never forwarded. Nevertheless, Mr. Wertheim continued to have Respondent represent him in the sale of his home. Mr. Wertheim entrusted Respondent with the proceeds plus additional funds approximating $35,000 to purchase another tavern. Respondent gave the tavern seller, Route 183 Corporation, a trust check for $23,582.83. It was returned for insufficient funds. Respondent again claimed this had been a mistake, but the funds were never made good. The Clients' Security Fund has paid $14,000 to Mr. Wertheim and $23,582.83 to the Route 123 Corporation in this matter.
6. JAMES COLLINS MATTER
In September 1983 James Collins retained Respondent, whom he had known for ten years, to represent him in refinancing his home. Mr. Collins gave Respondent a check for $1,928.18 to cover the closing costs which Respondent cashed. In December 1983, Mr. Collins was informed that the property surveyor had not been paid, his old mortgage had not been cancelled and the new one had not been recorded. The Clients' Security Fund reimbursed Mr. Collins $564.00.
7. RALPH MORGAN MATTER
Respondent was retained in 1982 by Ralph Morgan who had a judgment entered against him for $4,350.53 by the telephone company. Respondent settled the claim for $3,826.50 and received a check from Mr. Morgan for that amount. In November 1982 Mr. Morgan was notified that the settlement remained unpaid. His requests for an explanation from Respondent went unanswered. Mr. Morgan received a letter dated March 19, 1984, from an attorney representing the telephone company which stated that Respondent had only made payments on his behalf of $1000. Respondent never accounted for the money received. Mr. Morgan received $2,826.51 from the Clients' Security Fund for his loss.
8. PAOLI MATTER
Frank Paoli retained Respondent in February 1980 to handle a negligence case on a contingency basis. The case was settled for $9,000. Mr. Paoli asked Respondent to hold the money until he and his wife resolved their marital differences. Later, Mr. Paoli retained another attorney to represent him in a matrimonial action. That attorney and Mr. Paoli were unsuccessful in ever obtaining the money from Respondent. Mr. Paoli was ultimately reimbursed $5,700 by the Client's Security Fund.
9. JAFFEE MATTER
Respondent was retained by his cousin, Joseph Jaffee, and his wife to represent them in a property sale. The sales contract dated November 14, 1982, provided for a $9,000 deposit by November 24, 1982. The deal apparently fell apart and no money was paid. Respondent sent a time of the essence notice on January 25, 1983, to the purchasers' attorney, but no agreement was formalized. Respondent informed the Jaffees that they would have to sue the buyers. He later told them the case was settled for $9,100. The Jaffees signed a release on December 14, 1983. They did not, however, receive the money. While that matter was pending, the Jaffees had a second...
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