In re Vincenti

The Division of Youth and Family Services (DYFS) filed a petition to terminate a mother’s parental rights. Attorney Lester Vincenti (defendant) appeared at the trial to assist the mother’s attorney but took over the defense. Vincenti believed that the court and DYFS’s staff, counsel, and witnesses were conspiring to deprive the mother of her custody right. Vincenti was disrespectful to the court; accused the judge of being biased; was sarcastic and insulting; asked multi-part questions that witnesses could not answer, called witnesses insulting names, and belittled the credentials of expert witnesses; and accused opposing counsel of being a liar, ignorant, and out of her mind. The judge removed Vincenti from participating in the case because Vincenti had obstructed the judicial process, violated the Rules of Professional Conduct (RPCs), and caused unnecessary delay. The judge found for DYFS. Vincenti filed motions and appeals that included certifications containing false statements. The court referred the matter to the ethics committee (plaintiff). After a hearing, the special master found that Vincenti had violated RPCs 3.1, 3.2, 3.3(a)(1), 3.4(c), 3.4(e), 3.5(d), 4.4(a), 8.4(c), and 8.4(d). The special master concluded that Vincenti’s courtroom behavior had been discourteous and disrespectful, exceeded the bounds of trial advocacy, and constituted intimidation of opposing counsel and witnesses. Vincenti had been the subject of disciplinary proceedings three times over 14 years. The special master recommended that Vincenti be disbarred.