Narrative Opinion Summary
Andrew William Dwyer, an attorney admitted to the bar in 1990, has been suspended from the practice of law for three months due to violations of several Rules of Professional Conduct (RPC). Specifically, he was found guilty of gross neglect (RPC 1.1(a)), lack of diligence (RPC 1.3), failure to keep clients informed (RPC 1.4(b)), failure to adequately explain matters to clients (RPC 1.4(c)), and failure to cooperate with disciplinary authorities (RPC 8.1(b)). The Court, however, determined that a censure was a more appropriate response to his unethical conduct rather than the recommended suspension. Consequently, Dwyer is hereby censured, and the entire record of this case will be permanently added to his file as an attorney. Additionally, he is ordered to reimburse the Disciplinary Oversight Committee for administrative costs and expenses incurred during the prosecution of this matter, as stipulated in Rule 1:20-17.
Legal Issues Addressed
Censure as a Disciplinary Measuresubscribe to see similar legal issues
Application: The Court determined that a censure was more appropriate than a suspension for Dwyer's misconduct.
Reasoning: The Court, however, determined that a censure was a more appropriate response to his unethical conduct rather than the recommended suspension.
Failure to Communicate Under RPC 1.4(b) and (c)subscribe to see similar legal issues
Application: Dwyer did not keep his clients informed or explain matters adequately, breaching his communicative duties.
Reasoning: Specifically, he was found guilty of... failure to keep clients informed (RPC 1.4(b)), failure to adequately explain matters to clients (RPC 1.4(c)).
Failure to Cooperate with Disciplinary Authorities Under RPC 8.1(b)subscribe to see similar legal issues
Application: Dwyer did not cooperate with the authorities investigating his conduct, violating the rules governing professional conduct.
Reasoning: Specifically, he was found guilty of... failure to cooperate with disciplinary authorities (RPC 8.1(b)).
Gross Neglect Under RPC 1.1(a)subscribe to see similar legal issues
Application: Dwyer was found guilty of gross neglect, violating the professional standard of care required of attorneys.
Reasoning: Specifically, he was found guilty of gross neglect (RPC 1.1(a)).
Lack of Diligence Under RPC 1.3subscribe to see similar legal issues
Application: Dwyer failed to act with reasonable diligence and promptness in his professional responsibilities.
Reasoning: Specifically, he was found guilty of... lack of diligence (RPC 1.3).
Record of Disciplinary Actionsubscribe to see similar legal issues
Application: Dwyer's record of unethical conduct will be permanently added to his file as an attorney.
Reasoning: Consequently, Dwyer is hereby censured, and the entire record of this case will be permanently added to his file as an attorney.
Reimbursement of Administrative Costs Under Rule 1:20-17subscribe to see similar legal issues
Application: Dwyer is required to reimburse the Disciplinary Oversight Committee for costs incurred during his disciplinary proceeding.
Reasoning: Additionally, he is ordered to reimburse the Disciplinary Oversight Committee for administrative costs and expenses incurred during the prosecution of this matter, as stipulated in Rule 1:20-17.
Suspension from Practice of Lawsubscribe to see similar legal issues
Application: Andrew William Dwyer was initially suspended for violating several Rules of Professional Conduct.
Reasoning: Andrew William Dwyer, an attorney admitted to the bar in 1990, has been suspended from the practice of law for three months due to violations of several Rules of Professional Conduct (RPC).