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In re Giscombe

Citations: 173 N.J. 174; 801 A.2d 243

Court: Supreme Court of New Jersey; July 15, 2002; New Jersey; State Supreme Court

Narrative Opinion Summary

Beverly G. Giscombe, an attorney from East Orange admitted to the bar in 1979, is suspended from practicing law for three months due to multiple violations of the Rules of Professional Conduct (RPC). The specific violations include gross neglect (RPC 1.1(a)), lack of diligence (RPC 1.3), failure to keep a client reasonably informed (RPC 1.4(a)), failure to explain matters sufficiently for informed client decisions (RPC 1.4(b)), failure to maintain client confidentiality (RPC 1.6), and knowingly making false statements to a tribunal (RPC 3.3(a)(1)). The suspension is effective from August 12, 2002, until further order of the Court. The record of this case will be permanently filed in Giscombe's attorney file, and she is prohibited from practicing law during the suspension period. Additionally, Giscombe is required to reimburse the Disciplinary Oversight Committee for administrative costs associated with the proceedings.

Legal Issues Addressed

Breach of Client Confidentiality

Application: Giscombe failed to maintain client confidentiality, violating the ethical obligation to protect client information.

Reasoning: The specific violations include... failure to maintain client confidentiality (RPC 1.6)...

Failure to Maintain Client Communication

Application: Giscombe failed to keep her client reasonably informed and did not explain matters sufficiently to enable informed decisions by the client.

Reasoning: The specific violations include... failure to keep a client reasonably informed (RPC 1.4(a)), failure to explain matters sufficiently for informed client decisions (RPC 1.4(b))...

False Statements to Tribunal

Application: Giscombe knowingly made false statements to a tribunal, breaching her duty of candor to the court.

Reasoning: The specific violations include... knowingly making false statements to a tribunal (RPC 3.3(a)(1)).

Reimbursement of Disciplinary Costs

Application: Giscombe is required to reimburse the Disciplinary Oversight Committee for administrative costs incurred during the proceedings.

Reasoning: Additionally, Giscombe is required to reimburse the Disciplinary Oversight Committee for administrative costs associated with the proceedings.

Suspension of Attorney for Professional Misconduct

Application: Beverly G. Giscombe is suspended from practicing law for three months due to violations of multiple Rules of Professional Conduct.

Reasoning: Beverly G. Giscombe, an attorney from East Orange admitted to the bar in 1979, is suspended from practicing law for three months due to multiple violations of the Rules of Professional Conduct (RPC).

Violation of Duty of Diligence

Application: Giscombe violated the duty of diligence by failing to act with reasonable diligence and promptness in representing a client.

Reasoning: The specific violations include gross neglect (RPC 1.1(a)), lack of diligence (RPC 1.3)...