Every lawyer is like a small business. We can decide when and what to say to judges, clients and opposing lawyers . . . until someone reports our conduct. A New Jersey lawyer learned that lesson the hard way recently. Jared Stolz was disciplined by the New Jersey Supreme Court after he sent emails to the opposing lawyer with comments such as these:
- "Don't feel you have to email me daily and let me know how smart you are."
- "Did you get beat up in school a lot? Because you whine like a little girl."
- "This will acknowledge receipt of your numerous emails, faxes and letters . . . In response thereto, Bla Bla Bla Bla Bla Bla."
At the conclusion of a hearing, physical contact occurred between Mr. Stolz and the opposing lawyer. The lawyer told Mr. Stolz not to touch him. Mr. Stolz allegedly responded, "Why would I want to touch a fag like you?"
Mr. Stolz explains now that he was too lazy to work and that he enjoyed a golf trip with his father to Ireland and another trip to the Dominican Republic during this time period. Later, at an ethics hearing, Mr. Stolz described his actions as inexcusable, undignified and "venomous." He said he worked his way up to managing director while working in a cubicle and now, he wants to play golf.
Mr. Stolz also told a court he had received certain certifications, when in fact, he had not. In reality, said the New Jersey Supreme Court, he was out of the office and may have missed the certifications. He simply did not want to admit that he had been out of the office for an extended period of time.
He insists he mis-spoke and did not intend to lie to the court. He says he was very busy at the time with a lot of motions. Mr. Stolz explained that now, he reviews everything. He has two lawyers to help him review everything. "Am I going to get lazy again and play golf? I hope so. But, I certainly did not intentionally lie."
Mr. Stolz was suspended for three months. See ABA Bar Journal report.