On Tuesday, October 15, 2024, the Supreme Court of New Jersey suspended attorney David L. Rosenthal from the practice of law for three months based on a recommendation from the Disciplinary Review Board.

The case is entitled “In the Matter of David L. Rosenthal,” with case no. 089699.

The charges cited New Jersey Rules of Professional Conduct 1.1(a), 1.3, 1.4(b), 8.1(b), 8.4(c), and 8.4(d), which states:

Engaging in gross neglect.

Lacking diligence.

Failing to keep a client reasonably informed about the status of a matter and to comply with reasonable requests for information.

Failing to cooperate with disciplinary authorities.

Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Engaging in conduct prejudicial to the administration of justice.

The Rules of Professional Conduct can be found here.

In their July 23, 2024 Decision, the Board recommended that Rosenthal receive a three-month suspension after finding he violated multiple Rules of Professional Conduct in his representation of clients Daniel Zaltsman and Erick Szentmiklosy.

According to the Decision, Zaltsman and Szentmiklosy retained Rosenthal in January 2019 to represent them in legal claims against a former business partner, paying him an initial $10,000 retainer fee. Rosenthal filed a complaint on their behalf in November 2019 and successfully opposed the defendant’s motion to dismiss. However, the Decision states Rosenthal then failed to adequately communicate with his clients, keep them informed of the case status, and failed to attend multiple court hearings in 2020 and 2021.

As a result of Rosenthal’s neglect and failure to prosecute the case, the trial court dismissed Zaltsman and Szentmiklosy’s lawsuit with prejudice in July 2021. The Decision notes Rosenthal did not inform his clients of the dismissal and provided “bizarre excuses” for the case’s lack of progress when they inquired in 2022. He also misled them on the status of the matter in communications.

After Rosenthal declined to file an answer to the ensuing ethics grievance, the District IX Ethics Committee certified the matter to the Disciplinary Review Board as a default. The Board found Rosenthal violated RPC rules concerning gross neglect, lack of diligence, failure to communicate with clients, dishonest conduct, and failure to cooperate with disciplinary authorities.

Considering the harm caused to Rosenthal’s clients and other aggravating factors, the Board recommended a three-month suspension along with a requirement that Rosenthal provide proof of fitness before reinstatement.

On October 18, 2024, the Supreme Court issued an order adopting the Board’s recommendation and imposing the discipline, effective November 17, 2024. The order also directed Rosenthal to reimburse administrative costs.

The Disposition states:

“It is ORDERED that David L. Rosenthal is suspended from the practice of law for a period of three months, and until further order of the Court, effective November 17, 2024.”

According to avvo.com, Mr. Rosenthal is a transportation attorney. He attended the Rutgers School of Law Camden. He acquired his law license in New Jersey in 2010.

A copy of the original filing can be found here.