In re Bloom
In re Bloom
Opinion of the Court
A complaint by Michael Kowal was filed with the Hudson County Ethics Committee charging respondent Harry Bloom, an attorney at law of this State, with falsely representing to Kowal that he had instituted an action for damages in Kowal’s behalf.
Respondent was retained to represent Kowal in the Municipal Court with respect to assault and battery charges made by and against Kowal arising out of a fight with one Caiola. Respondent also was retained by Kowal to prosecute a civil action against Caiola for damages. Respondent was paid $500. Part of this payment was for services in connection with the Municipal Court proceedings and the remainder was to be a retainer for the contemplated civil action.
Respondent states that he inadvertently failed to file a complaint and was not aware of this failure until after the statute of limitations had run. After Kowal complained to the Ethics Committee, the respondent offered a sum to compensate him for his loss. The offer was not accepted.
Both in his answer to the complaint and at the hearing before the Ethics Committee respondent admitted that the facts were as set forth above.
The respondent’s conduct was inexcusable and unethical in that he knowingly misrepresented the facts to his client. See DR 1-103 (A) (4). However, we are informed b3r the Committee that the respondent has been a member of the bar for 33 years, and that his reputation has been good. He has been active in civic affairs in his community. Before the Committee and before us, he recognized that his conduct was wrong. From our reading of the record and respondent’s demeanor before us, we think that his conduct will not again fall below the standards of our profession. Under these circumstances, respondent should be reprimanded. We do -not believe more severe discipline is necessary.
For reprimand: Chief Justice Weintraub and Justices Erancis, Proctor, Hall, Schettino and Mountain—6.
Opposed: Hone.
Of course, our determination does not in anyway preclude an action for negligence by complainant against respondent.
Reference
- Full Case Name
- IN THE MATTER OF HARRY BLOOM, AN ATTORNEY AT LAW
- Cited By
- 3 cases
- Status
- Published