Attorney Disciplinary Hearing

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WI Supreme Court

Case Name: Office of Lawyer Regulation v Gerald P. Boyle

Case No.: 2018 WI 108

Focus: Attorney Disciplinary Hearing

We review Referee Jonathan V. Goodman’s report recommending that we indefinitely suspend the Wisconsin law license of Gerald P. Boyle due to his medical incapacity, and hold the pending disciplinary proceeding against him in abeyance for as long as his license remains suspended.

This matter began with a March 2017 disciplinary complaint filed by the Office of Lawyer Regulation (OLR) against Attorney Boyle. The OLR alleged that Attorney Boyle committed four counts of professional misconduct involving two client matters, and two additional counts of misconduct related to his failure to cooperate with the OLR’s investigation into those matters.

We adopt the referee’s finding that Attorney Boyle has a medical incapacity that makes the defense of this disciplinary proceeding impossible. We agree with the referee’s recommendation that Attorney Boyle’s license to practice law in Wisconsin should be suspended indefinitely pursuant to SCR 22.16(4)(d). We also agree with the referee’s recommendation that the proceedings in this matter should be abated pursuant to SCR 22.16(4)(d).

We depart from the referee’s recommendation that, in this decision, we should absolve Attorney Boyle of the costs of this proceeding. Because we are staying a determination on the merits of this disciplinary proceeding due to Attorney Boyle’s medical incapacity, it would be premature to rule now on the OLR’s request for costs, one way or the other. Therefore, we hold the OLR’s request for costs in abeyance until such time, if any, as this disciplinary proceeding is resumed pursuant to SCR 22.16(4)(d).

IT IS ORDERED that the license of Gerald P. Boyle to practice law in Wisconsin is suspended for an indefinite period, commencing the date of this order and until further order of the court. See SCR 22.16(4)(d). IT IS FURTHER ORDERED that the Office of Lawyer Regulation’s request for costs is held in abeyance until such time, if any, as this disciplinary proceeding is resumed pursuant to SCR 22.16(4)(d).

IT IS FURTHER ORDERED that Gerald P. Boyle shall comply with the provisions of SCR 22.26 concerning the duties of a person whose license to practice law in Wisconsin has been suspended.

So Ordered

Concur:

Dissent:

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.