Death Moots Guardianship

A recent bar discipline summary from the web page of the Idaho Bar Counsel

On  October 27, 2014, the Idaho Supreme Court issued a Disciplinary Order suspending  Meridian attorney Brian L. Boyle from the practice of law for a period of 90  days, effective October 1, 2014.  The  Disciplinary Order included a withheld six-month suspension and a one-year  disciplinary probation upon reinstatement. 

The  Idaho Supreme Court found that Mr. Boyle violated I.R.P.C. 1.2(a) [Scope of  representation], 1.3 [Diligence], and 1.4 [Communication]. The Idaho Supreme  Court’s Disciplinary Order followed a stipulated resolution of an Idaho State  Bar disciplinary proceeding in which Mr. Boyle admitted that he violated those  rules. 

The  formal charge case related to Mr. Boyle’s representation of a client who sought  a guardianship of a disabled child. In that case, Mr. Boyle failed to promptly  file the guardianship petition, failed to communicate with his client about the  status of the case, and failed to communicate with the minor’s appointed  guardian ad litem. The client erroneously believed that she had been appointed  as guardian. However, the Court had not appointed a guardian and instead  scheduled a show cause hearing due to inactivity in the case.  Approximately two months before the show  cause hearing, the child died. At the show cause hearing, Mr. Boyle informed  the Court that the child was still living and that his client wanted to be  appointed guardian. After the hearing, the guardian ad litem contacted Mr.  Boyle’s client, learned that the child was deceased, and informed the  Court.  The case was ultimately  dismissed.

The  Disciplinary Order provides that 90 days of suspension will be served effective  October 1, 2014, and six months will be withheld. Mr. Boyle will also serve a  one-year probation following reinstatement, subject to conditions specified in  the Order.

(Mike Frisch)