Legal Opinion · Dissent

Matter of Fleischer

Supreme Court of New Jersey

Decided May 28, 1986Published

1DissentO’Hern, Justice

I cannot concur in disbarment on the record before us. One or more members of the firm may eventually be found guilty of *452a Wilson violation but the unique procedural posture of this case calls for further factual findings before I would vote to disbar.

Under In re Wilson, 81 N.J. 451 (1979), a knowing misappropriation ordinarily will warrant disbarment. “[MJaintenance of public confidence in this Court and in the bar as a whole requires the strictest discipline in misappropriation cases. That confidence is so important that mitigating factors will rarely override the requirement of…

2Cases cited6 opinions

  1. In Re RuffaloSupreme Court of the United States · 1968
  2. In Re WilsonSupreme Court of New Jersey · 1979
  3. Matter of NoonanSupreme Court of New Jersey · 1986
  4. In Re SearsSupreme Court of New Jersey · 1976
  5. In Re KatzSupreme Court of New Jersey · 1982

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