On September 23, 2022, the Supreme Court of New Jersey ordered the suspension of Huntingdon Valley attorney Brian J. Smith from the practice of law for unethical conduct.

The case is styled ‘In the Matter of Brian J. Smith’ and was brought by the District IV Ethics Committee (DEC), under case no. DRB 21-194.

The charges cited RPC 1.1(a) (gross neglect); RPC 1.3 (lack of diligence); RPC 1.4(b) (failure to keep a client reasonably informed about the status of a matter); RPC 3.4(c) (knowing violation of the rules of a tribunal); RPC 3.4(d) (failure to comply with discovery requests); RPC 5.5(a)(1) (failure to withdraw from a representation if the representation will result in violation of the Rules of Professional Conduct or other law); and RPC 8.1(b) (two instances – failure to cooperate with disciplinary authorities).

The Rules of Professional Conduct can be found here.

The following are as alleged and summarized from the filing:

On April 2018, respondent filed a counterclaim for his clients, SJI Holding, LLC and Ramon Gaber, defendants in a civil action. The respondent engaged in unethical conduct by committing gross neglect and lack of diligence by failing to oppose and inform his clients of the motions filed by the plaintiff’s counsel and also by subsequently failing to comply and inform his clients of the scheduled trial dates, which resulted in the dismissal of his clients’ counterclaim on September 27, 2019. It was further alleged that respondent failed to inform his client that he had been deemed administratively ineligible to practice on November 4, 2019 and advised them to retain new counsel. Moreover, respondent also failed to reply to lawful demands from disciplinary authorities in their investigation of the ethics grievance against respondent.

Respondent was suspended from the practice of law in the State of Pennsylvania on March 7, 2022.

In its Decision, the Disciplinary Review Board determined to impose a six-month suspension, to run consecutive to the term of suspension previously imposed in DRB 20-318, and to require respondent to reimburse the costs and actual expenses incurred in the proceedings.

With the foregoing facts and discussions, the court ruled against the Respondent in relation to the above-cited Rules of Professional Conduct.

The Order reads:

“It is ORDERED that Brian J. Smith is suspended from the practice of law for a period of six months, effective March 7, 2023, pending his compliance with the Order filed February 11, 2022, and until the further Order of the Court; and it is further

ORDERED that respondent comply withRule1:20-20 dealing with suspended attorneys; and it is further…

ORDERED that the entire record of this matter be made a permanent part of respondent’s file as an attorney at law of this State; 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, as provided inRule1:20-17.”

Mr. Brian J. Smith has been licensed in New Jersey and Pennsylvania.

A copy of the original filing can be found here.