newjerseynewsroom.com

Did your lawyer make the list?

BY TOM HESTER SR.

NEWJERSEYNEWSROOM.COM

In April, May and June, the New Jersey Lawyers' Fund for Client Protection paid $330,963.84 to people who lost money through the improper actions of nine lawyers, the trustees announced Monday. Overall, the lawyers have cost the fund $402,413 to reimburse their clients for their losses.

The fund's purpose is to pay on behalf of the honest majority of lawyers for the wrongdoing of the few who are suspended or disbarred for misappropriation of clients' money. The fund is financed by judges and attorneys.

Here are the attorneys and the amount of money the fund had to pay their clients in the three-month period for their improper actions:

• Carlo J. Coppa of Totowa, temporarily suspended, $61,8543.
• Harry E. Franks of Linwood, disbarred, $2,703.
• Francis X. Hermes of Peapack-Gladstone, temporarily suspended, $8,000.
• Andrew W. Kimmel of Cedar Knolls, temporarily suspended, $24,292.
• Steven J. Lanza of Rutherford, disbarred, $237,714.
• William J. McDonnell of East Brunswick, deceased, $30,000.
• David M. Payne of McAfee, disbarred, $25,000.
• Avis Cole Williams of May's Landing, suspended, $7,850.
• William K. Wright of Mendham, disbarred, $5,000.

The fund was created by the New Jersey State Bar Association in 1961, with voluntary contributions from practicing lawyers as a commitment to high standards in the profession. In 1969, the state Supreme Court established an annual attorney assessment that now generates about $3 million for the fund each year.

In its 40-year history, the fund has paid claims against 630 attorneys, approximately three-quarters of 1 percent of the 84,474 lawyers currently licensed in New Jersey.

Seven trustees, five attorneys and two public members administer the fund, serving staggered 5-year terms without compensation. They are appointed by the Supreme Court to consider clients' claims and make awards when it is determined that the loss was caused by dishonest lawyer conduct. Cases involving legal malpractice and negligence are handled through civil court actions and fee disputes through the court system's District Fee Arbitration Committees.

For a claim to be compensable, the attorney against whom it is filed must have been a member of the bar, acting as either attorney or fiduciary, at the time of the incident, and unless deceased, must have been disbarred or suspended from the bar, or convicted of embezzlement or other misappropriation of property.

An individual client can receive up to $400,000 for claims arising after Jan. 1, 2007, lesser amounts for claims arising prior to that date. The fund can provide up to $1,500,000 in claims against a given lawyer. Special permission can be granted by the Supreme Court to exceed the aggregate limit.

To receive a claim form, an individual should write to the New Jersey Lawyers' Fund for Client Protection, Richard J. Hughes Justice Complex, P.O. Box 961, Trenton, N.J. 08625-0961, or call (609) 292-8008. Claimants assisted in their claims by practicing attorneys receive their representation free of charge.