On September 23, 2022, the Supreme Court of New Jersey ordered the indeterminate suspension of Chery Hill attorney Barry J. Beran from the practice of law for misconduct.

The case is styled In the Matter of Barry J. Beran, and was brought by the Office of Attorney Ethics, with case #DRB22-006.

The charges cited Rules of Professional Conduct RPC 1.1(a) (gross neglect); RPC 1.3 (lack of diligence); RPC 1.4(b) (failure to communicate with a client), and RPC 1.15(b) (failure to safeguard property).

The New Jersey Rules of Professional Conduct can be found here.

The following are as alleged and summarized from the filing:

Beran allegedly engaged in the misconduct of neglecting and failing to diligently pursue his client’s personal injury matter by having failed to take any formal action for three years to protect the interest of his client. It was further alleged that Beran failed to keep his client reasonably informed as to the status of the matter and to ensure he communicated with his client in a clear and understandable manner. Moreover, Beran failed to safeguard the client’s property by his failure to take the necessary steps to obtain the settlement proceeds due to this client.

Based on these acts, the Office of Attorney Ethics recommended Beran’s disbarment.

According to the filing: 

‘Specifically, in March 2015, respondent settled an underinsured motorist claim against GEICO on MacAdams’sbehalffor $49,000. Thereafter, on May 20, 2016, GEICO deposited the entire $49,000 in settlement proceeds with the Superior Court, as the result of a $15,000 lien on respondent’s legal fees which stemmed solely from respondent’s unrelated malpractice debt to a former client.’

The filing continues:

‘For the next three years, respondent failed to take any successful formal action to secure the release of MacAdams’ssettlement funds from the Superior Court. Eventually, on March 8, 2019, nearly three years after the funds had been deposited with the Superior Court, respondent filed a motion for the release of the funds. As a result of respondent’s failure to serve all interested parties with the motion, however, that motion was denied.’

The filing further alleges:

‘Respondent took no further action until March 13, 2020, nearly one year later, when, following the filing of the ethics grievance in this matter, respondent refiled the motion for the release of funds. Respondent, again, failed to cure the service defect that had resulted in the denial of his first motion, and the motion was denied. Respondent took no further action and, to date, the funds remain on deposit with the Superior Court.’

The filing additionally notes:

‘Consequently, MacAdams still has not received settlement proceeds to which he is entitled. Nearly six years have passed since the funds were deposited with the Superior Court. Yet, respondent has not filed a successful motion to retrieve the funds on MacAdams’s behalf, has not taken any affirmative steps to assist MacAdamsin finding replacement counsel to assist him in retrieving the funds, and, in fact, has taken no action whatsoever to advance MacAdams’sinterests.’

The Disciplinary Review Board on July 5, 2022, entered its Decision and recommended to the Court that respondent be disbarred and require Beran to reimburse the Disciplinary Oversight Committee for administrative costs and actual expenses incurred in the prosecution of this matter.

With the foregoing facts and discussions, the court ruled against Beran in relation to the above-cited Rules of Professional Conduct and ordered Beran’s indeterminate suspension.

The dispositive part of the Order reads:

“It is ORDERED that Barry J. Beran is hereby suspended from the practice of law for an indeterminate period pursuant to Rule 1:20-15 A(a)(2), effective September 25, 2026, and until the further Order of the Court; and it is further

ORDERED that respondent shall remain suspended from practice pursuant to the prior Orders of this Court and respondent shall not petition for reinstatement to practice for a period of five years following the effective date of the indeterminate suspension; and it is further

ORDERED that respondent reimburse the Disciplinary Oversight Committee for appropriate administrative costs and actual expenses incurred in the prosecution of this matter. . .’

Mr. Barry J. Beran has been licensed in New Jersey and Pennsylvania.

A copy of the order of suspension can be found here.