Road Rage Suspension

A road rage incident by an attorney with prior discipline led to a three-month suspension from the New Jersey Supreme Court. 

The letter decision of the Disciplinary Review Board describes the basis for discipline

Although the events leading up to the incident are disputed, respondent admitted that, as a result of aggressive interactions on the roadway, he initiated a confrontation with twenty-one-year old Julia Bouclier. Although he claimed that Bouclier drove recklessly, he admitted that, after Bouclier stopped her vehicle, he exited his vehicle “probably wanting to hurt someone. I would say even worse than that.”

Specifically, respondent retrieved a golf club from his trunk and swung the club at Bouclier’s vehicle “as if he were going to hit it,” and then threw the club at her car as she attempted to drive away. The club struck Bouclier’s vehicle multiple times as it caromed about. He then retrieved the club and closely approached Bouclier’s vehicle. Respondent stipulated that, from close range, he could see and hear Bouclier crying and attempting to explain herself, but that he was unmoved. He stated that “this could have been my daughter and this is a lesson. You don’t go running people off the side of the road.” Nevertheless, respondent then left fine scene without contacting the police, rationalizing that “nobody [was] bleeding.” He admitted that “he lost control over his emotions and is remorseful.” Ultimately, the police identified and contacted respondent, and he cooperated with the police investigation. Respondent also reported his charges to the OAE.

According to Bouclier, the incident with respondent began when she suddenly braked to avoid a deer. She claimed that respondent began to aggressively “tailgate” her vehicle, and attempted to improperly pass her. At some point, she stopped her vehicle at an intersection. Respondent then exited his vehicle, and began striking the trunk of her vehicle with his golf club. When she attempted to leave the scene, respondent threw the club at her vehicle, striking it again. Bouclier called the police, who interviewed her at the scene and photographed two large dents in her trunk and marks on her rear windshield. Bouclier was distraught, and reported being unable to sleep for fear that respondent might know where she lived and could hurt her and her family.

The sanction discussion noted other violations and discussed “violent lawyer” precedents in the Garden State.

Respondent has demonstrated a penchant for lack of respect for the administration of justice. He has criminally attempted to evade traffic points by improperly using another’s identification; has attempted to use a civil suit to leverage a former client into withdrawing a pending ethics grievance; and has now fled the scene of his violent criminal conduct before the police arrived. There is no mitigation to consider. Accordingly, the Board determined that respondent’s misconduct warrants a three-month suspension to protect the public and to preserve confidence in the bar.

My take: A longer suspension might better protect and preserve. (Mike Frisch)