In re Tyler, 195 A.3d 123, 235 N.J. 323 (2018)

Oct. 4, 2018 · New Jersey Court of Errors and Appeals · D-137 September Term 2017; 081190

195 A.3d 123, 235 N.J. 323

In the MATTER OF Kimberly S. TYLER, an Attorney at Law (Attorney No. 048881990)

D-137 September Term 2017
081190

Supreme Court of New Jersey.

October 4, 2018

CORRECTED ORDER

The Disciplinary Review Board having filed with the Court its decision in DRB 18-053, concluding that Kimberly S. Tyler of Newark, who was admitted to the bar of this State in 1990, should be suspended from the practice of law for a period of six months for multiple violations of RPC 1.1(a) (gross neglect); RPC 1.1 (b) (pattern of neglect); RPC 1.3 (lack of diligence); RPC 1.4(b) (failure to keep a client reasonably informed about the status of the matter, and promptly comply with reasonable requests for information); RPC 1.5(b) (failure to provide the client with a writing setting forth the basis or rate of the fee); and RPC 8:4(c)(conduct involving dishonesty, fraud, deceit or misrepresentation);

And the Disciplinary Review Board having further determined that prior to reinstatement to practice, respondent should provide proof of her fitness to practice law and proof of completion of a law office management course and four hours of continuing legal education; and that following her reinstatement to the practice of law, respondent should practice under supervision until further Order of the Court;

And good cause appearing;

It is ORDERED that Kimberly S. Tyler is suspended from the practice of law for a period of six months and until the further Order of the Court, effective October 8, 2018; and it is further

ORDERED that prior to reinstatement to practice, respondent shall provide proof of her fitness to practice law, as attested to by a mental health professional approved by the Office of Attorney Ethics, and proof of successful completion of a course in law office management and four hours of continuing legal education courses beyond the number mandated by the Board on Continuing Legal Education; and it is further

ORDERED that on reinstatement to the practice of law, respondent shall practice under the supervision of a practicing attorney approved by the Office of Attorney Ethics until the further Order of the Court; and it is further

ORDERED that respondent comply with Rule 1:20-20 dealing with suspended attorneys; and it is further

ORDERED that pursuant to Rule 1:20-20(c), respondent's failure to comply with the Affidavit of Compliance requirement of Rule 1:20-20(b)(15) may (1) preclude the Disciplinary Review Board from considering respondent's petition for reinstatement for a period of up to six months from the date respondent files proof of compliance; (2) be found to constitute a violation of RPC 8.1(b) and RPC 8.4(d) ; and (3) provide a basis for an action for contempt pursuant to Rule 1:10-2; 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 in Rule 1:20-17.