From our private database of 15,100+ case briefs...

In re Simon

Supreme Court of New Jersey
20 A.3d 421 (2011)


Facts

Attorney Richard Simon (defendant) represented Angel Jimenez in a criminal case. Simon entered into a retainer agreement with Jimenez that gave Simon a $10,000 retainer, set Simon’s hourly rate at $325, and provided that Simon could end his representation if Jimenez did not pay the fees. Simon represented Jimenez for almost three years, and Jimenez owed Simon over $66,000 in fees. Simon repeatedly informed Jimenez that he was going to seek permission to withdraw as counsel and planned to sue for payment of the fees. Simon filed a motion in the criminal case to withdraw as counsel based on Jimenez’s breach of the retainer agreement and non-payment of fees. The judge denied the motion and set a trial date. Simon appealed the judge’s denial, but then filed a civil lawsuit against Jimenez for the fees. The judge learned of the civil lawsuit and amended his prior order, relieving Simon as Jimenez’s counsel. The judge also referred the matter to the state’s Disciplinary Review Board (Board), which held a hearing before a panel. The panel concluded that Simon had violated New Jersey’s Rule of Professional Conduct (RPC) 1.7(a)(2) by creating a conflict so great that the judge had no choice but to relieve Simon as counsel. The panel also found that suing an existing client violated ethical rules and would not be tolerated, and recommended a six-month suspension. The Board upheld the panel’s findings, but recommended a reprimand rather than a suspension. The state supreme court granted Simon’s petition for review.

Rule of Law

Issue

Holding and Reasoning (Stern, J.)

Concurrence/Dissent (Rivera-Soto, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 289,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 15,100 briefs, keyed to 205 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.