On Tuesday, May 13, 2025, the Supreme Court of New Jersey reprimanded attorney Chong S. Kim for violations of professional conduct rules.
The case is entitled “In the Matter of Chong S. Kim,” with case no. 090413.
Kim was found to have breached Rule of Professional Conduct (RPC) 1.15(d) by failing to adhere to recordkeeping requirements under Rule 1:21-6 and RPC 8.1(b) for not fully cooperating with disciplinary authorities.
The decision stemmed from a disciplinary stipulation reviewed by the Disciplinary Review Board (DRB). The matter originated on March 13, 2023, when Capital One notified the Office of Attorney Ethics (OAE) of an overdraft in Kim’s attorney trust account (ATA) due to a $40 bank charge against an available balance of $25. Kim explained in a March 28, 2023, response that the overdraft resulted from depositing a fraudulent check from a client, which triggered the service fee. The OAE later confirmed the overdraft did not involve client funds or result from misconduct by Kim.
A demand interview conducted by the OAE on July 26, 2023, uncovered multiple recordkeeping issues in Kim’s accounts at Capital One (ATA) and Columbia Bank (attorney business account). These included the absence of a ledger card for attorney funds to cover bank charges, no monthly three-way reconciliations of trust accounts with client ledgers, journals, and checkbooks, and failure to retain ATA records for seven years, all in violation of Rule 1:21-6.
Following the interview, the OAE requested proof of remediation. Kim submitted newly generated monthly ATA reconciliations for January to July 2023 on August 27 and September 4, 2023, but deficiencies persisted, including the lack of a ledger card for law firm funds and their exclusion from reconciliations.
On October 3, 2023, an OAE auditor discussed these ongoing issues with Kim, followed by an email on October 11 and a phone message on October 19, urging him to submit corrected records. Kim did not respond to these follow-ups. On January 31, 2024, the OAE filed a formal ethics complaint, and Kim stipulated to the violations on September 9, 2024, admitting that he failed to maintain records as required by Rule 1:21-6 and did not fully cooperate with the OAE’s requests, thereby breaching RPC 8.1(b).
The DRB, in its March 4, 2025, decision following arguments on November 21, 2024, recommended a reprimand, noting that recordkeeping lapses typically warrant an admonition but escalate to a reprimand when paired with failure to cooperate. John J. Hays II represented the OAE, while Kim appeared pro se.
In mitigation, the DRB noted that no client funds were harmed, the ATA held only Kim’s funds during the period, and he accepted responsibility via the stipulation. In aggravation, this marked Kim’s third disciplinary matter. In 2007, he was admonished for improper ATA use and recordkeeping violations. In 2017, he received a three-month suspension for a conflict of interest, false communications, and further recordkeeping issues, with conditions to repay a client loan and submit reconciliations.
The Supreme Court ordered Kim to attend a trust and business accounting course approved by the OAE within 60 days and provide proof that his records comply with Rule 1:21-6. Additionally, he must submit monthly reconciliations of his attorney accounts to the OAE quarterly for two years.
The court also mandated reimbursement to the Disciplinary Oversight Committee for administrative costs and expenses incurred in the prosecution.
According to Avvo.com, Mr. Kim is a commercial real estate attorney in Clifton, New Jersey. He attended the Thomas M. Cooley Law School, graduating in 1996. He acquired his law license in New Jersey in 1997.
A copy of the original filing can be found here.
