In re Johns, 209 A.3d 896, 238 N.J. 345 (2019)

June 19, 2019 · New Jersey Court of Errors and Appeals · D-45 September Term 2018; 082105
209 A.3d 896, 238 N.J. 345

In the MATTER OF Mark JOHNS, a/k/a Mark D. Johns, An Attorney At Law (Attorney No. 045011999)

D-45 September Term 2018
082105

Supreme Court of New Jersey.

June 19, 2019

**345CORRECTED ORDER

The Disciplinary Review Board having filed with the Court its decision in DRB 18-191, concluding that as a matter of reciprocal discipline pursuant to Rule 1:20-14(a)(4)(E), Mark Johns, a/k/a Mark D. Johns, of Horsham, Pennsylvania, who was admitted to the bar of this State in 2001, and who has been suspended from the practice of law since May 21, 2018, should be suspended from practice for a *897period of three years based on discipline imposed in the Commonwealth of Pennsylvania for unethical conduct that in New Jersey constitutes violations of RPC 1.3 (lack of diligence), RPC 1.4(c) (failure to explain a matter to the extent reasonably necessary for the client to make informed decisions about the representation), RPC 1.5(b) (failure to set forth in writing the rate or basis of the attorney's fee), RPC 1.16(d) (failure to return an unearned retainer or client file on termination of the representation), RPC 5.5(a) (practicing law while suspended), **346RPC 7.1(a) (making a false or misleading communication about the lawyer or the lawyer's services), RPC 8.4(c) (conduct involving dishonesty, fraud, deceit or misrepresentation), and RPC 8.4(d) (conduct prejudicial to the administration of justice);

And Mark Johns, a/k/a Mark D. Johns having failed to appear on the Order directing him to show cause why he should not be disbarred or otherwise disciplined, and the Court having held in In re Kivler, 193 N.J. 332, 939 A.2d 216 (2008) that a respondent's unexcused failure to comply with an Order to Show Cause may be a basis for enhanced discipline;

And the Court having determined from its review of the matter that respondent should be disbarred for his unethical conduct:

And good cause appearing;

It is ORDERED that Mark Johns, a/k/a Mark D. Johns, is disbarred, effective immediately; and it is further

ORDERED that all funds, if any, currently existing or hereinafter deposited in any New Jersey financial institution maintained by Mark Johns, a/k/a Mark D. Johns, pursuant to Rule 1:21-6 be restrained from disbursement except on application to this Court, for good cause shown, and shall be transferred by the financial institution to the Clerk of the Superior Court, who is directed to deposit the funds in the Superior Court Trust Fund pending the further Order of this Court; and it is further

ORDERED that respondent comply with Rule 1:20-20 dealing with disbarred 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 in Rule 1:20-17.