In the Matter of the Albert F. Dalena

New Jersey attorney Albert F. Dalena (defendant) was the subject of disciplinary review that resulted from Dalena’s professional partnership with Carlo Maccallini, a foreign attorney admitted to practice law in Italy but not in New Jersey. Dalena practiced law with his New Jersey law firm Dalena, Dalena and DeStefano. Dalena also lent his name to the Italian-registered partnership Dalena and Maccallini, which did not maintain an office in New Jersey but utilized the address of Dalena’s law firm on its letterhead. Illinois resident Maryann Sagert retained Maccallini to assist with settlement of her deceased father’s Italian estate. Sagert’s retainer agreement with Maccallini was executed on Dalena and Maccallini letterhead that included Dalena’s office address. After a dispute arose between Sagert and Maccallini, Sagert filed a grievance with the District X Ethics Committee (DEC) against Maccallini. The DEC’s investigation into Sagert’s grievance ultimately led to inquiry into Dalena’s professional association with Maccallini. Dalena claimed that the partnership was not a law firm doing business in New Jersey but rather an intermediary and convenience for Maccallini to serve US clients for matters pending in Italy. Dalena further claimed that Maccallini’s clients were duly informed that they were not receiving legal services in New Jersey—only Italy. Dalena admitted that Maccallini was not a certified foreign legal consultant under New Jersey law, but Dalena also argued that certification was not required for a foreign attorney to practice foreign law in New Jersey. The Disciplinary Review Board found that Dalena’s association with Maccallini did constitute unauthorized practice of law and that Dalena had misled clients via the Dalena and Maccallini-branded letterhead that implied that Maccallini was authorized to practice in New Jersey. The matter came before the New Jersey Supreme Court.