Legal Opinion

In the MATTER OF, Joseph Peter BARRETT, an Attorney at Law.

Supreme Court of New Jersey

Decided July 15, 2019No. D-126-17Published

1Per curiam

In this ethics proceeding, we are called upon to consider whether an attorney who received a 150-day suspension for knowing misappropriation of law firm funds in Utah -- a jurisdiction that applies a preponderance of the evidence standard and recognizes no business dispute defense -- may, based only on the Utah record, be disbarred under New Jersey's clear and convincing evidence standard.

We conclude that in this case, Rule 1:20-14(a), which governs reciprocal discipline, does not permit "substantially different discipline" from that imposed in Utah. R. 1:20-14(a)(4)(E). While a lawyer's…

2Cases cited9 opinions

  1. Matter of Discipline of BabilisUtah Supreme Court · 1997
  2. Matter of SiegelSupreme Court of New Jersey · 1993
  3. In Re GalloSupreme Court of New Jersey · 2003
  4. In Re PenaSupreme Court of New Jersey · 2000
  5. Office of Professional Conduct v. BarrettUtah Supreme Court · 2017

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API