On Wednesday, September 4, 2024, the Supreme Court of New Jersey issued an order censuring attorney Athena Dulice Alsobrook for violations of various Rules of Professional Conduct in connection with her record-keeping practices and failure to maintain professional liability insurance.
The case is entitled “In the Matter of Athena Dulice Alsobro,” with case no. 089480.
The charges cited New Jersey Rules of Professional Conduct 1.15(a), 1.15(d), and 5.5(a)(1), which states:
Engaging in commingling and negligent misappropriation of client funds.
Failing to comply with the recordkeeping requirements of Rule 1:21-6.
Engaging in the unauthorized practice of law by failing to maintain liability insurance while practicing as a limited liability company, as Rule 1:21-1B(a)(4) requires.
The Rules of Professional Conduct can be found here.
The censure stemmed from a formal ethics complaint investigated by the Office of Attorney Ethics regarding Alsobrook’s conduct during a random audit of her client accounts in 2019. This audit uncovered several deficiencies in Alsobrook’s compliance with record-keeping rules under Rule 1:21-6, as well as her failure to maintain required professional liability insurance while practicing law as a limited liability company (LLC).
Alsobrook stipulated before the District Ethics Committee hearing panel various rule violations, including failing to properly conduct three-way reconciliations of her attorney trust account, maintain various required ledgers and records, and designate her accounts correctly. She also conceded failing to promptly remove earned legal fees from client funds and commingling by depositing a $60,000 personal check from her father into her trust account.
However, Alsobrook disputed some charges, including whether a $15 bank charge impacted client funds and if she permitted an inactive $1,000 balance in a real estate matter.
The case was then reviewed by the Disciplinary Review Board, which recommended that Alsobrook be censured for her violations of RPC 1.15(a), 1.15(d), and 5.5(a)(1). The Board described her conduct underlying two matters as negligent misappropriation due to poor record-keeping but did not find clear and convincing evidence of misappropriation.
The Disciplinary Review Board further recommended Alsobrook be required to complete a pre-approved record-keeping course within 90 days and submit quarterly attorney account reconciliations to the Office of Attorney Ethics for two years.
The Supreme Court adopted these recommendations in its September 6, 2024 Order sanctioning Alsobrook.
The Disposition states:
“It is ORDERED that Athena Dulice Alsobrook is hereby censured.”
According to the filing, Ms. Alsobrook acquired her law license in New Jersey in 1987.
A copy of the original filing can be found here.
