On Wednesday, September 13, 2023, the Supreme Court of New Jersey reprimanded attorney Scott Joseph Capriglione for violating rules of professional conduct. The order came after the Disciplinary Review Board found that Capriglione misappropriated client trust funds and failed to comply with record-keeping requirements.
The case is entitled “In the Matter of Scott Joseph Capriglione,” with case no. 088406.
Capriglione, who had previously faced suspension in June 2021 for separate misconduct, admitted to the charges. This prior suspension was unrelated to the current violations. The attorney’s suspension in 2021 was a result of gross neglect and lack of diligence in handling client cases, among other issues. In this recent case, Capriglione inadvertently miscalculated bank charges, resulting in a minor shortage in his client trust account.
The Decision states:
“Here, although only minor invasions, the respondent’s failure to deposit additional funds in his ATA to cover the monthly bank charges impacted both the Sanders and De Araujo client trust funds. Respondent readily admitted that his misconduct was caused by an error on his part, due to the stress associated with closing his law firm in connection with his disciplinary suspension.”
While Capriglione promptly corrected the shortfall and caused no harm to clients, the oversight led to his reprimand. The board recognized that the error was due to a misunderstanding of bank fees, rather than an attempt to benefit personally.
After reviewing the decision of the Disciplinary Review Board, the Supreme Court reprimanded Capriglione for violating Rules of Professional Conduct 1.15(a) through negligent misappropriation of client trust funds and RPC 1.15(d) through failure to comply with recordkeeping requirements under Rule 1:21-6.
The order directs Capriglione to cure remaining recordkeeping deficiencies and provide three-way reconciliations for his Attorney Trust Account within 60 days. It further orders reimbursement of costs to the Disciplinary Oversight Committee related to prosecuting this matter under Rule 1:20-17. The order makes the record of this matter permanently part of Capriglione’s file as an attorney in the state.
According to avvo.com, Mr. Capriglione is a divorce and separation attorney in Ewing, New Jersey. He acquired his law license in New Jersey in 1988.
A copy of the original filing can be found here.
