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In the MATTER OF Kevin C. FOGLE, an Attorney at Law (Attorney No. 027342014)

New Jersey Court of Errors and Appeals2018-11-02No. D-123 September Term 2017; 081030
196 A.3d 562235 N.J. 417

Authorities cited

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Opinion

majority opinion

The Disciplinary Review Board on having filed with the Court its decision in DRB 17-358, concluding that as a matter of reciprocal discipline pursuant to Rule 1:20-14, Kevin C. Fogle of Harrisburg, Pennsylvania, who was admitted to the bar of this State in 2014, should be suspended from the practice of law for a period of three months based on discipline imposed in Pennsylvania for unethical conduct that in New Jersey constitutes violations of RPC 1.4(b) (failure to communicate with client); RPC 1.15(a) (failure to safeguard funds); RPC 1.15(b) (failure to promptly notify client of receipt of funds and to promptly deliver the monies); RPC 1.15(d) (failure to comply with the recordkeeping requirements of Rule 1:21-6(c) ); RPC 1.16(a)(l) (failure to withdraw from representation of a client when the representation will result in the violation of the RPC s); RPC 1.16(d) (failure to protect the clients interest on termination of representation); RPC 4.2 (communication with a person represented by counsel); RPC 8.1 (b) (failure to cooperate with disciplinary authorities); and RPC 8.4(d) (conduct prejudicial to the administration of justice);

And good cause appearing;

It is ORDERED that Kevin C. Fogle is suspended from the practice of law for a period of three months, effective November 30, 2018, and 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), respondents 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 respondents 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 respondents 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.