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ATL-L-000635-21 06/01/2021 3:34:32 PM Pg 1 of 2 Trans ID: LCV20211336793LENTO LAW GROUP. P.C.By: Terrell Ratliff, EsquireAttorney ID No.: 0178520113000 Atrium Way – Suite 200Mount Laurel, New Jersey 08054856-652-2000 -p856-375-1010 – ftaratliff@lentolawgroup.comAttorney for DefendantsATLANTIC CITY BOARD OFEDUCATION,Plaintiff,v.SUPERIOR COURT OF NEW JERSEYLAW DIVISIONATLANTIC COUNTYDOCKET NO.: ATL-L-0635-21FAROOK HOSSAIN A/K/A MD FAROOKHOSSAIN AND MOSSAMMAT RUMANAAKTHER,Defendants.TO:CIVIL ACTIONDEFENDANTS’ NOTICE OF MOTIONTO DISQUALIFY TRACY L. RILEY,ESQ. AND LAW OFFICES OF RILEYAND RILEY AS COUNSEL FOR THEPLAINTIFFTracy L. Riley, Esq.Michael E. Riley, Esq.Daria B. Janka, Esq.LAW OFFICES OF RILEY & RILEYExecutive Court2 Eves Drive, Suite 109Marlton, New Jersey 08053PLEASE TAKE NOTICE that on the 25th day of June, 2021, or as soon thereafteras soon as counsel may be heard, the undersigned attorney for the Defendants, Farook Hossaina/k/a MD Farook Hossain and Mossammat Rumana Akther, shall move before the Superior Courtof New Jersey, Law Division, Atlantic County, situated at 1201 Bacharach Boulevard, AtlanticCity, New Jersey 08401, for an Order disqualifying Tracy L. Riley, Esq. and the Law Offices of
ATL-L-000635-21 06/01/2021 3:34:32 PM Pg 2 of 2 Trans ID: LCV20211336793Riley and Riley from representing the Plaintiff in this matter. In support thereof, this Court shouldrely upon the attached Brief, and the exhibits thereto, if any, served and submitted herewith.Pursuant to R. 1:6-1, a proposed form of order is attached to the moving papers.PLEASE TAKE FURTHER NOTICE that oral argument is hereby requested only iftimely opposition is filed.LENTO LAW GROUP. P.C.Dated: June 1, 2021TERRELL A. RATLIFF, ESQUIREAttorney for the Defendants
ATL-L-000635-21 06/01/2021 3:34:32 PM Pg 1 of 2 Trans ID: LCV20211336793LENTO LAW GROUP. P.C.By: Terrell Ratliff, EsquireAttorney ID No.: 0178520113000 Atrium Way – Suite 200Mount Laurel, New Jersey 08054856-652-2000 -p856-375-1010 – ftaratliff@lentolawgroup.comAttorney for DefendantsATLANTIC CITY BOARD OFEDUCATION,SUPERIOR COURT OF NEW JERSEYLAW DIVISIONPlaintiff,ATLANTIC COUNTYv.DOCKET NO.: ATL-L-0635-21FAROOK HOSSAIN A/K/A MD FAROOKHOSSAIN AND MOSSAMMAT RUMANAAKTHER,CIVIL ACTIONORDERDefendants.THIS MATTER, having come before the Court on the application of defendants, FarookHossain a/k/a MD Farook Hossain and Mossammat Rumana Akther, for an Order to DisqualifyingTracy L. Riley, Esq. and the Law Offices of Riley and Riley from representing the Plaintiff in thismatter, and the Court having considered the moving papers, any opposition thereto, and for anyother good cause shown,IT IS on this day of , 2021, ORDERED that:1. The Motion to Disqualify Tracy L. Riley, Esq. and the Law Offices of Riley and Rileyfrom representing the Plaintiff is GRANTED; andPage 1 of 2
ATL-L-000635-21 06/01/2021 3:34:32 PM Pg 2 of 2 Trans ID: LCV20211336793IT IS FURTHER ORDERED that a copy of this order shall be served within 7 days ofthe date hereof.J.S.C.UnopposedOpposedPage 2 of 2
ATL-L-000635-21 06/01/2021 3:34:32 PM Pg 1 of 3 Trans ID: LCV20211336793LENTO LAW GROUP. P.C.By: Terrell Ratliff, EsquireAttorney ID No.: 0178520113000 Atrium Way – Suite 200Mount Laurel, New Jersey 08054856-652-2000 -p856-375-1010 – ftaratliff@lentolawgroup.comAttorney for DefendantsATLANTIC CITY BOARD OFEDUCATION,Plaintiff,v.SUPERIOR COURT OF NEW JERSEYLAW DIVISIONATLANTIC COUNTYDOCKET NO.: ATL-L-0635-21FAROOK HOSSAIN A/K/A MD FAROOKHOSSAIN AND MOSSAMMAT RUMANAAKTHER,Defendants.CIVIL ACTIONCERTIFICATION IN SUPPORT OFDEFENDANTS’ NOTICE OF MOTIONTO DISQUALIFY TRACY L. RILEY,ESQ. AND LAW OFFICES OF RILEYAND RILEY AS COUNSEL FOR THEPLAINTIFFI, Terrell A. Ratliff, Esquire, of full age, do hereby state the following:1.I am an Attorney at Law in the State of New Jersey and have been entrusted withthe representation of the Defendants, Farook Hossain a/k/a MD Farook Hossain and MossammatRumana Akther, in the within captioned matter, and am fully familiar with all facts containedherein.2.The Plaintiff in this case is the Atlantic City Board of Education.3.Defendant Mr. Hossain is a Board Member of the Atlantic City Board of Education,and Defendant Mossammat Rumana Akther is his wife.
ATL-L-000635-21 06/01/2021 3:34:32 PM Pg 2 of 3 Trans ID: LCV202113367934.Counsel for the Plaintiff, Tracy L. Riley, Esq. (hereinafter, “Ms. Riley”), is the officialCounsel for the Plaintiff, Atlantic City Board of Education. This is reflected on their official PageType 3&ModuleInstanceID 224&ViewID ed695a1c-ef13-4546-b4eb-4fefcdd4f389&RenderLoc 0&FlexDataID 33&PageID 197&Comments true.5.In addition, her law firm Law Offices of Riley and Riley (hereinafter, “Riley andRiley”) were appointed as Solicitor for the Atlantic City School District, as noted on her website he Law Offices of Riley and Riley website states further that:Ms. Riley defends employers and boards in every aspect of employmentbased litigation. Currently, the firm provides counsel to public schoolsthroughout New Jersey. This includes assisting the clients with daily decisionmaking with regards to all aspects of special education, student issues, laborand employment, section 504 policies, as well as, construction litigation andschool contract negotiation. The law firm was appointed as Solicitor for theAtlantic City School District. Ms. Riley is the attorney primarily responsiblein carrying out the duties of the position. This representation includesattending Board meetings, civil litigation, due process hearings, contractnegotiations, and personnel ey, ¶ 3.7.As noted on the Riley and Riley website, Ms. Riley and Riley and Riley have beenintimately involved in all aspects of the Atlantic City Board of Education’s daily decision making,meetings, contract negotiations, and even personnel matters.8.Given that Mr. Hossain is a Board Member of the Atlantic City Board of Educationhimself, this has created a serious and incurable conflict of interest for both Ms. Riley and Riley andRiley.9.Ms. Riley knew or should have known of the conflict of interest and apparentimpropriety of her representation of the Plaintiff in this matter, which she has continued representing
ATL-L-000635-21 06/01/2021 3:34:32 PM Pg 3 of 3 Trans ID: LCV20211336793the BOE despite her knowledge.I hereby certify that the foregoing statements made by me are true. I am aware that if anyof the foregoing statements made by me are willfully false, I am subject to punishment.LENTO LAW GROUP. P.C.Dated: June 1, 2021TERRELL A. RATLIFF, ESQUIREAttorney for the Defendants
ATL-L-000635-21 06/01/2021 3:34:32 PM Pg 1 of 2 Trans ID: LCV20211336793
ATL-L-000635-21 06/01/2021 3:34:32 PM Pg 2 of 2 Trans ID: LCV20211336793
ATL-L-000635-21 06/01/2021 3:58:04 PM Pg 1 of 4 Trans ID: LCV20211337181LENTO LAW GROUP. P.C.By: Terrell Ratliff, EsquireAttorney ID No.: 0178520113000 Atrium Way – Suite 200Mount Laurel, New Jersey 08054856-652-2000 -p856-375-1010 – ftaratliff@lentolawgroup.comAttorney for DefendantsATLANTIC CITY BOARD OFEDUCATION,Plaintiff,SUPERIOR COURT OF NEW JERSEYLAW DIVISIONATLANTIC COUNTYv.DOCKET NO.: ATL-L-0635-21FAROOK HOSSAIN A/K/A MD FAROOKHOSSAIN AND MOSSAMMAT RUMANAAKTHER,Defendants.CIVIL ACTIONBRIEF IN SUPPORT OFDEFENDANTS’ NOTICE OF MOTIONTO DISQUALIFY TRACY L. RILEY,ESQ. AND LAW OFFICES OF RILEYAND RILEY AS COUNSEL FOR THEPLAINTIFFDefendants, Farook Hossain a/k/a MD Farook Hossain (hereinafter, “Mr. Hossain”) andMossammat Rumana Akther, (hereinafter collectively, the “Defendants”), by way of their counsel,Terrell A. Ratliff, Esquire, of Lento Law Group. P.C., hereby states:STATEMENT OF RELEVANT FACTS1.The Plaintiff in this case is the Atlantic City Board of Education.2.Defendant Mr. Hossain is a Board Member of the Atlantic City Board of Education,and Defendant Mossammat Rumana Akther is his wife.3.Counsel for the Plaintiff, Tracy L. Riley, Esq. (hereinafter, “Ms. Riley”), is the officialCounsel for the Plaintiff, Atlantic City Board of Education. This is reflected on their official website,
ATL-L-000635-21 06/01/2021 3:58:04 PM Pg 2 of 4 Trans ID: .aspx?PageType 3&ModuleInstanceID 224&ViewID ed695a1c-ef13-4546-b4eb-4fefcdd4f389&RenderLoc 0&FlexDataID 33&PageID 197&Comments true.4.In addition, her law firm Law Offices of Riley and Riley (hereinafter, “Riley andRiley”) were appointed as Solicitor for the Atlantic City School District, as noted on her website he Law Offices of Riley and Riley website states further that:Ms. Riley defends employers and boards in every aspect of employmentbased litigation. Currently, the firm provides counsel to public schoolsthroughout New Jersey. This includes assisting the clients with daily decisionmaking with regards to all aspects of special education, student issues, laborand employment, section 504 policies, as well as, construction litigation andschool contract negotiation. The law firm was appointed as Solicitor for theAtlantic City School District. Ms. Riley is the attorney primarily responsiblein carrying out the duties of the position. This representation includesattending Board meetings, civil litigation, due process hearings, contractnegotiations, and personnel ey, ¶ 3.6.As noted on the Riley and Riley website, Ms. Riley and Riley and Riley have beenintimately involved in all aspects of the Atlantic City Board of Education’s daily decision making,meetings, contract negotiations, and even personnel matters.7.Given that Mr. Hossain is a Board Member of the Atlantic City Board of Educationhimself, this has created a serious and incurable conflict of interest for both Ms. Riley and Riley andRiley.8.Ms. Riley knew or should have known of the conflict of interest and apparentimpropriety of her representation of the Plaintiff in this matter, which she has continued representingthe BOE despite her knowledge.
ATL-L-000635-21 06/01/2021 3:58:04 PM Pg 3 of 4 Trans ID: LCV20211337181ARGUMENT9.When a motion for disqualification is made, a court must “balance competinginterests, weighing the ‘need to maintain the highest standards of the profession’ against ‘a client'sright freely to choose his counsel.’ “ Dewey v. R.J. Reynolds Tobacco Co., 109 N.J. 201, 218 (1988);Oraedu v. Anambara-Enugu State Ass'n of NJ, Inc., A-2378-10T4, 2012 WL 1622657, at *2 (N.J.Super. Ct. App. Div. May 10, 2012).10.Here, the facts are quite clear, as New Jersey Rules of Professional Conduct Rule 1.13(a) states as follows:A lawyer employed or retained to represent an organization represents theorganization as distinct from its directors, officers, employees, members,shareholders or other constituents. For the purposes of RPC 4.2 and 4.3,however, the organization's lawyer shall be deemed to represent not onlythe organizational entity but also the members of its litigation controlgroup. Members of the litigation control group shall be deemed to includecurrent agents and employees responsible for, or significantly involved in, thedetermination of the organization's legal position in the matter whether or notin litigation, provided, however, that “significant involvement” requiresinvolvement greater, and other than, the supplying of factual information ordata respecting the matter. Former agents and employees who were membersof the litigation control group shall presumptively be deemed to be representedin the matter by the organization's lawyer but may at any time disavow saidrepresentation.N.J. Rules Prof’l Conduct R. 1.13 (a) (emphasis added).11.Furthermore, New Jersey Rules of Professional Conduct Rule 1.7 (a)(1) states that a“concurrent conflict of interest exists” if “the representation of one client will be directly adverse toanother client”.12.Mr. Hossain is a current Board Member of the Atlantic City Board of Education, andas a result, is a member of its litigation control group.13.In short, neither Ms. Riley, nor Riley and Riley, may represent the Atlantic City Boardof Education in an action against a Board Member of that same organization.
ATL-L-000635-21 06/01/2021 3:58:04 PM Pg 4 of 4 Trans ID: LCV2021133718114.In addition, given Ms. Riley and Riley and Riley’s intimate connection to the instantaction, it is very possible that they could be necessary witnesses hereto.15.New Jersey Rules of Professional Conduct Rule 3.7 (a) states that “a lawyer shall notact as advocate at a trial in which the lawyer is likely to be a necessary witness” unless:(1) the testimony relates to an uncontested issue;(2) the testimony relates to the nature and value of legal services rendered inthe case; or(3) disqualification of the lawyer would work substantial hardship on theclient.16.Essentially, the Rule prohibits a lawyer, with certain exceptions, from acting as anadvocate at a trial in which the lawyer will likely be a “necessary witness.” “RPC 3.7 does not requirecertainty as to a lawyer's testimony; the plain language of RPC 3.7 requires only ‘likelihood.’ ”Freeman v. Vicchiarelli, 827 F. Supp. 300, 302 (D.N.J. 1993) (quoted in Ortiz v. Otis, A-5655-18T2,2020 WL 1966544, at *5 (N.J. Super. Ct. App. Div. Apr. 24, 2020)).17.As a result, it is not in the best interests of justice to allow Ms. Riley and Riley andRiley to act as counsel for the Plaintiff in this matter.CONCLUSIONBased on the foregoing and in its moving papers, the Defendants, Farook Hossain a/k/aMD Farook Hossain and Mossammat Rumana Akther, respectfully request that their Motion toDisqualify Tracey L. Riley and the Law Offices of Riley and Riley be granted.LENTO LAW GROUP. P.C.Dated: June 1, 2021TERRELL A. RATLIFF, ESQUIREAttorney for the Defendants
By: Terrell Ratliff, Esquire Attorney ID No.: 017852011 3000 Atrium Way - Suite 200 Mount Laurel, New Jersey 08054 856-652-2000 -p 856-375-1010 - f taratliff@lentolawgroup.com Attorney for Defendants ATLANTIC CITY BOARD OF EDUCATION, Plaintiff, v. FAROOK HOSSAIN A/K/A MD FAROOK HOSSAIN AND MOSSAMMAT RUMANA AKTHER, Defendants.
