On Tuesday, May 30, 2023, the Supreme Court of New Jersey suspended attorney Darryl M. Saunders for failing to attend crucial court hearings for the client.
The case is entitled “In the Matter of Darryl M. Saunders,” with case no. 087503.
The charges cited New Jersey Rules of Professional Conduct 1.3, 1.16(d), 8.4(b), and 8.4(c) which state:
Lack of diligence.
Failure to refund the unearned portion of the fee upon termination of representation.
Committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer.
Engaging in conduct involving, dishonesty, fraud, deceit, or misrepresentation.
The Rules of Professional Conduct can be found here.
According to allegations, the respondent, who was entrusted with representing a client in a case before a municipal court, purportedly neglected to attend the crucial court hearings. As a consequence, the client was compelled to seek the services of a different attorney to advocate for her son’s interests in the proceedings. This alleged failure on the part of the respondent to fulfill his professional obligations caused significant disruption and necessitated the engagement of alternative legal representation.
The Decision states:
“Following respondent’s failure to appear at the initial court hearing, Funnell repeatedly attempted to contact respondent regarding her son’s matter. Respondent, however, not only failed to reply but also failed to appear at a second hearing date in the case. 1 Respondent’s failure to appear at the court hearings forced Funnell to retain a new attorney to represent her son.”
The Decision continues:
“On August 24, 2018, given the respondent’s failure to perform any legal work for Funnell for more than six months, the WTPD charged the respondent with one count of third-degree theft by deception, in violation of N.J.S.A. 2C:20-4. 2 Specifically, the complaint alleged that respondent committed theft by accepting $1,000 from Funnell for legal services which he wholly failed to perform.”
The Decision further states:
“On August 24, 2018, given the respondent’s failure to perform any legal work for Funnell for more than six months, the WTPD charged the respondent with one count of third-degree theft by deception, in violation of N.J.S.A. 2C:20-4. 2 Specifically, the complaint alleged that respondent comments February 22, 2019, respondent appeared in the Wayne Township Municipal Court (WTMC) before Judge Lawrence Katz, J.M.C., and pleaded guilty to one count of disorderly person theft by deception, in violation of N.J.S.A. 2C:20-4. 3 During that proceeding, the respondent allocuted, under oath, that he had accepted $1,000 in legal fees from Funnell and, thereafter, failed to perform any legal services. Respondent further admitted that he had failed to refund Funnell’s $1,000 legal fee. Moreover, the respondent allocuted that he was pleading guilty voluntarily, without any threats or promises from anyone else, because he was, in fact, guilty. the theft by accepting $1,000 from Funnell for legal services which he wholly failed to perform.”
According to the court, the respondent’s continued indifference toward his clients and court orders clearly warrants enhanced discipline. Specifically, the respondent not only failed to perform any legal work on behalf of the client’s son but also failed to pay the latter’s court-ordered restitution for at least one year. In lieu of this, the court decided to suspend the respondent from the practice of law.
The Disposition states:
“It is ORDERED that Darryl M. Saunders is suspended from the practice of law for a period of six months, effective June 19, 2023; and it is further ORDERED that Darryl M. Saunders remain suspended from the practice of law pursuant to the Orders of the Court filed March 3, 2020, and, April 22, 2021, and until the further Order of the Court.”
Mr. Saunders attended Widener University. He practices in East Brunswick, New Jersey. He is licensed in New Jersey. His info can be found on martindale.com.
A copy of the original filing can be found here.
