In re Berger

OPINION OF THE COURT

The Grievance Committee served the respondent with a petition containing two charges of professional misconduct. The Special Referee sustained both charges after a hearing. The petitioner now moves to confirm the Special Referee’s report and to impose such discipline upon the respondent as the Court deems appropriate. The respondent cross-moves for an order disaffirming the Special Referee’s report and dismissing the proceeding against him. Alternatively, the respondent requests that the Court impose a sanction no greater than a private reprimand.

Charge One alleges that…