In re Swidler

Decision Date19 July 2010
Citation202 N.J. 334,997 A.2d 224
PartiesIn the Matter of Arthur E. SWIDLER, an Attorney at Law.
CourtNew Jersey Supreme Court

The Disciplinary Review Board having filed with the Court its decision in DRB 10-006, concluding on the record certified to the Board pursuant to Rule 1:20-4(f) (default by respondent), that ARTHUR E. SWIDLER of TRENTON, who was admitted to the bar of this State in 1985, should be suspended from the practice of law for a period of three months for violating RPC 1.1(a) (gross neglect) RPC 1.15(a) (negligent misappropriation of trust funds) RPC 1.15(d) and Rule 1:21-6(recordkeeping violations), and RPC 8.1(b) (failure to cooperate with disciplinary authorities);

And the Disciplinary Review Board having further concluded that prior to reinstatement to practice, respondent should be required to provide the Office of Attorney Ethics with a certification concerning his trust accounting deficiencies, retain a certified public accountant to bring his records into compliance with Rule 1:21-6, and submit to the Office of Attorney Ethics quarterly reconciliations of his trust account prepared by the accountant for a period of two years;

And good cause appearing;

It is ORDERED that ARTHUR E. SWIDLER is suspended from the practice of law for a period of three months and until the further Order of the Court, effective August 13, 2010; and it is further

ORDERED that prior to reinstatement to practice, respondent shall submit to the Office of Attorney Ethics the certification concerning his trust accounting deficiencies; and it is further

ORDERED that respondent shall retain a certified public accountant approved by the Office of Attorney Ethics to bring his trust account records into compliance with Rule 1:21-6; and it is further

ORDERED that on reinstatement to practice, respondent shall submit to the Office of Attorney Ethics quarterly reconciliations of his attorney accounts prepared by a certified public accountant approved by the Office of Attorney Ethics for a period of two years, and until the further Order of the Court; and it is further

ORDERED that respondent comply with Rule 1:20-20 dealing with suspended attorneys; and it is further

ORDERED that pursuant to Rule 1:20-20(c), respondent's failure to comply with the Affidavit of Compliance requirement of Rule 1:20-20(b)(15) may (1) preclude the Disciplinary Review Board from considering respondent's petition for reinstatement for a period of up to six months from...

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