On Friday, May 10, 2024, the Supreme Court of New Jersey issued an order censuring attorney Marcel R. Wurms for violations of the Rules of Professional Conduct in his handling of two estate matters.
The case is entitled “In the Matter of Marcel R. Wurms,” with case no. 089100.
The charges cited New Jersey Rules of Professional Conduct 1.3 1.4(b), 1.4(c), 1.5(b), 1.16(d), and 8.1(b), which states:
Lacking diligence.
Failing to keep a client reasonably informed about the status of a matter and failing to comply with reasonable requests for information.
Failing to explain a matter to the extent reasonably necessary to permit the client to make informed decisions about the representation.
Failing to set forth in writing the basis or rate of the legal fee.
Failing to protect the client’s interests upon termination of representation and failing to surrender the client’s file.
Failing to cooperate with disciplinary authorities.
Wurms had represented Kathryn Vinci as executor of the estates of Michael Serraino and Gertrude Bernardo beginning in 2012 and 2013. When Vinci passed away in September 2017, Wurms took on representation of the successor executors, Rozann Vinci for the Bernardo estate and Patricia Mosca and Marilyn Weitz for the Serraino estate. However, he failed to diligently administer either estate after Vinci’s death.
In the Bernardo estate, Wurms held $10,594.46 in his attorney trust account on Vinci’s death but took no steps to finalize the estate. He repeatedly ignored requests from Rozann Vinci for information and documents over the next two years. It wasn’t until February 2022 that he disbursed the remaining estate funds to Vinci.
In the Serraino estate, Wurms held $14,530.43 but failed to respond to Mosca’s requests regarding estate paperwork and accounting for nearly three years. He did not provide the estate file to Mosca’s attorney until 2021. It was not until 2022 that he released the remaining estate funds of $3,585.70.
The Disciplinary Review Board had determined Wurms’ conduct violated rules on diligence, communication with clients, documenting fee agreements, duties to clients after the termination of representation, and cooperation with disciplinary authorities. It recommended a three-month suspension. However, the Supreme Court issued a censure, considering Wurms’ clean disciplinary record of over 40 years.
While mitigating Wurms’ lack of prior offenses, the Court acknowledged the harm caused by his failure to timely administer the estates. Beneficiaries were deprived of funds for up to a decade. Wurms compounded matters by allowing the disciplinary case to proceed as a default.
The censure requires Wurms to reimburse the costs of the disciplinary process. It will also serve as part of his permanent record to guide any future disciplinary matters.
According to avvo.com, Mr. Wurms is a real estate attorney. He attended the Rutgers School of Law, graduating in 1982. He acquired his law license in New Jersey in the same year.
A copy of the original filing can be found here.
