Narrative Opinion Summary
In the matter concerning an attorney admitted to the bar in 1987 and subsequently suspended in 2012, the court has ordered disbarment following findings by the Disciplinary Review Board. The attorney was found to have violated RPC 5.5(a)(1) by continuing to practice law while under suspension and RPC 8.1(b) by failing to cooperate with disciplinary authorities. Despite a court order to show cause, the attorney did not respond, leading to the immediate disbarment and removal from the roll of attorneys. Financial restrictions were imposed, including a directive that all funds in New Jersey financial institutions held by the attorney be restrained from disbursement unless approved by the court, with instructions for potential transfer to the Superior Court Trust Fund. Additionally, the attorney must comply with Rule 1:20-20 regarding the obligations of disbarred attorneys and is required to reimburse the Disciplinary Oversight Committee for administrative costs as per Rule 1:20-17. The entire record of the proceedings is to be included in the attorney's permanent file.
Legal Issues Addressed
Disbarment and Consequencessubscribe to see similar legal issues
Application: The court ordered Boyman's disbarment, removal from the roll of attorneys, and imposed restrictions on his financial accounts.
Reasoning: The court ordered his immediate disbarment, striking his name from the roll of attorneys, and permanently restraining him from practicing law.
Failure to Cooperate with Disciplinary Authorities under RPC 8.1(b)subscribe to see similar legal issues
Application: Boyman failed to cooperate with disciplinary authorities, as evidenced by his non-response to the court's orders.
Reasoning: Boyman did not respond to the court's order to show cause for why he should not be disbarred or disciplined.
Financial Restrictions and Compliance with Rule 1:20-20subscribe to see similar legal issues
Application: Boyman is required to follow specific financial restrictions and comply with rules governing disbarred attorneys.
Reasoning: All funds in any New Jersey financial institutions held by Boyman are to be restrained from disbursement unless applied for and approved by the court.
Reimbursement of Administrative Costssubscribe to see similar legal issues
Application: Boyman is mandated to reimburse the Disciplinary Oversight Committee for administrative costs incurred during the proceedings.
Reasoning: He is required to reimburse the Disciplinary Oversight Committee for administrative costs related to this matter, as per Rule 1:20-17.
Unauthorized Practice of Law under RPC 5.5(a)(1)subscribe to see similar legal issues
Application: The court found that Boyman engaged in the unauthorized practice of law while he was suspended, violating professional conduct rules.
Reasoning: He was found to have violated RPC 5.5(a)(1) by practicing law while suspended.