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In re Dreier

December 29, 1994

IN RE HARRY DREIER, RESPONDENT. A MEMBER OF THE BAR OF THE DISTRICT OF COLUMBIA COURT OF APPEALS


Before Wagner, Chief Judge, and Terry and Steadman, Associate Judges.

The opinion of the court was delivered by: Per Curiam

On Report and Recommendation of the Board of Professional Responsibility

PER CURIAM: Respondent, Harry Dreier, an attorney licensed to practice law in New Jersey and the District of Columbia, was publicly reprimanded by the Supreme Court of New Jersey for lack of diligence, failure to communicate with a client, and failure to cooperate with the ethics authorities. The discipline arose out of respondent's failure to file a New Jersey transfer tax return which respondent had prepared for a client, his failure to return her telephone calls inquiring about the matter, and his failure to respond to communications from an investigator for the disciplinary authorities about his client's grievance. The New Jersey Supreme Court publicly reprimanded respondent and ordered him to practice law under the supervision of a proctor.

The Board of Professional Responsibility (the Board) has recommended that reciprocal discipline be imposed in the form of a public censure, which is comparable to public reprimand in New Jersey. The Rules Governing the Bar, specifically Rule XI, Section 11 (f), provide for the imposition of identical discipline unless one of five exceptions, not pertinent here, apply. *fn1 Since respondent practices only in New Jersey where he is under the supervision of a practice monitor, we accept the Board's recommendation that active probation in this jurisdiction need not be imposed. Essentially for the reasons set forth in the Report and Recommendation of the Board, a copy of which is set forth as an appendix to this opinion, we conclude that reciprocal discipline should be imposed and that respondent should be publicly censured.

Therefore, it is ORDERED that respondent, Harry Dreier, be, and he is hereby, publicly censured.

BOARD ON PROFESSIONAL RESPONSIBILITY

DISTRICT OF COLUMBIA COURT OF APPEALS

In the Matter of

HARRY DREIER,

Respondent.

Bar Docket Number: 123-93

REPORT AND RECOMMENDATION OF THE BOARD ON PROFESSIONAL RESPONSIBILITY

This is a reciprocal discipline case in which the Respondent was publicly reprimanded by the Supreme Court of New Jersey. In addition to the reprimand, Respondent was ordered to practice under the supervision of a proctor until further order of the court, discipline that is similar to probation in this jurisdiction. This order was entered on February 16, 1993. The matter was referred to the District of Columbia Court of Appeals, where Respondent was also admitted. On April 12, 1993, the court entered an order requiring Respondent to show cause why identical discipline should not be imposed.

The Decision and Recommendation of the Disciplinary Review Board in New Jersey revealed that Respondent met with Kimberly M. Epstein, in November, 1988, to discuss the final administration of the estate of her late husband. Respondent also agreed to draft a will for Mrs. Epstein, which he did. On the date that the will was executed, April 25, 1990, Respondent also prepared a New Jersey transfer inheritance tax return. Mrs. Epstein signed this return as executrix of her husband's estate. The return was never filed with the New ...


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