On Tuesday, July 2, 2024, the Supreme Court of New Jersey issued an order reprimanding attorney Timothy Joseph McIlwain for violating multiple Rules of Professional Conduct.
The case is entitled “In the Matter of Timothy Joseph McIlwain,” with case no. 089277.
The charges cited New Jersey Rules of Professional Conduct 1.15(a), 1.15(d), and 5.5(a)(1), which states:
Commingling client and personal funds.
Failing to comply with the recordkeeping requirements of Rule 1:21-6.
Engaging in the unauthorized practice of law — failing to maintain liability insurance while practicing law via a limited liability company.
The Rules of Professional Conduct can be found here.
The order stems from a disciplinary matter initially heard by the Disciplinary Review Board in January 2024. In their Decision, the Board detailed McIlwain’s admitted misconduct, which included improperly commingling client funds, committing numerous recordkeeping violations, and failing to maintain required professional liability insurance for over seven years while practicing law through a limited liability company.
Specifically, the Board found that between October 2019 and February 2020, McIlwain commingled $42,500 of his own funds that he received as a cash advance in his attorney trust account, in violation of RPC 1.15(a). The Board also determined McIlwain violated RPC 1.15(d) and 1.21-6 by engaging in multiple recordkeeping failures, such as not conducting proper reconciliations, maintaining ledgers, or keeping records for the required seven-year period.
Additionally, the Board held that from February 2013 until October 2020, McIlwain did not obtain professional liability insurance as required by Court Rule 1:21-1B(a)(4) during that time that he operated his law practice through the limited liability company McIlwain, LLC. This constituted a violation of RPC 5.5(a)(1) for the unauthorized practice of law.
In recommending disciplinary sanctions, the Board considered aggravating factors such as McIlwain’s delay in cooperating with the Office of Attorney Ethics investigation for over two years. However, they noted mitigation for his stipulation to misconduct. After weighing precedent, the Board determined a reprimand was the appropriate sanction given the totality of violations.
The Supreme Court agreed and formally reprimanded McIlwain in their July 2nd order. They also required that McIlwain provide proof within 30 days that account designations for his business and trust accounts at Fulton Bank were properly corrected.
According to avvo.com, Mr. Mcllwain is a personal injury attorney in Northfield, New Jersey. He attended the New York Law School, graduating in 1995. He acquired his law license in New Jersey in 1996.
A copy of the original filing can be found here.
