On Tuesday, October 29, 2024, the Supreme Court of New Jersey issued an order suspending attorney Marc A. Spielberg from the practice of law for three months. This decision follows the findings of the Disciplinary Review Board (DRB), which recommended the suspension due to multiple violations of the Rules of Professional Conduct (RPC).
The case is entitled “In the Matter of Marc A. Spielberg,” with case no. 089834.
The charges cited New Jersey Rules of Professional Conduct 1.1(a), 1.3, 1.4(b), 1.16(d) and 8.1(b).
The DRB’s decision stemmed from a formal ethics complaint that charged Spielberg with several serious infractions, including engaging in gross neglect, lacking diligence, failing to communicate with clients, and not protecting a client’s interests upon termination of representation. Additionally, he was found to have failed to cooperate with disciplinary authorities.
Spielberg has faced disciplinary actions before. He has been under suspension since September 10, 2020, due to his lack of cooperation with the Office of Attorney Ethics regarding his recordkeeping and trust account practices.
The specific case leading to the recent suspension involved Spielberg’s handling of an estate matter. He was retained by F. Archer Develin, Jr., to assist in the administration of the estate of Charles Walnut, Jr., who died intestate. The Ocean County Surrogate’s Court appointed Develin as the administrator on August 9, 2013. However, Spielberg failed to fulfill his obligations, leading to significant delays and ultimately necessitating the hiring of new counsel to rectify the issues caused by his inaction.
The complaint detailed numerous instances where Spielberg failed to respond to Develin’s inquiries and court orders, resulting in the estate’s beneficiaries taking legal action against Develin for his failure to provide necessary documentation. Despite promises to communicate and fulfill his duties, Spielberg did not comply, which resulted in considerable harm to his client.
The DRB also noted that Spielberg’s repeated failures to respond to communications and fulfill obligations demonstrated gross neglec that warranted serious disciplinary action. As a result, the Board recommended a three-month suspension as appropriate discipline for his misconduct.
In the Supreme Court’s order, it was made clear that Spielberg must comply with Rule 1:20-20, which governs suspended attorneys. This includes filing an Affidavit of Compliance, which is crucial for any potential reinstatement. The order also stated that failure to comply with these requirements could result in further disciplinary actions, including contempt proceedings.
The Disposition states:
“It is ORDERED that Marc A. Spielberg is suspended from the practice of law for a period of three months, and until further order of the Court, effective immediately.”
According to martindale.com, Mr. Spielberg attended Boston University. He acquired his law license in New Jersey in 1976.
A copy of the original filing can be found here.
