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The Ethics Complaint Against Attorney James Boutillier

Attachment Attorney Ethics Complaint James Boutillier and the law firm of Brandley, Kleppe, O’Conner & Boutillier, LLP

Nov 15 2010


 

Please suspend from practice and disbar attorney James M. Boutillier and firm for their violations of attorney ethics and acts of misconduct stated herein.


 

Summary Violations


 

Misconduct constituting bias/appearance of bias

Failure to ensure rights

Misuse of court resources

Unlawfully obstruct another parties access to evidence

Engaged in telling client Vanessa D. Taylor to lie

RPC 1.1 Competence

RPC 1.16 Declining or Terminating Representation

RPC 3.3 Candor Toward the Tribunal

RPC 3.4 Fairness to Opposing Party and Counsel

RPC 4.1 Truthfulness in Statements to Others

RPC 4.4 Respect for Rights of Third Persons

RPC 5.1 Responsibilities of a Partner or Supervisory Lawyer

RPC 8.3 Reporting Professional Misconduct

RPC 8.4 Misconduct

Advising the violation of the law

This is a Guardianship case, IMO Robert Johnson. Vanessa D. Taylor is the court appointed Guardian. James J. Boutillier (phone 973-226-0526) is the court appointed attorney for ward Robert Johnson. Lawrence N. Meyerson is the attorney for NJ Adult Protective Services. Shawnda Floyd is the attorney for Vanessa D. Taylor. As for me, I am the oldest child of Robert Johnson and named by the Court, and served, as next of kin and interested party . By order dated Feb 3 2010 the court by Judge Walter Koprowski (Essex County Chancery Division, New Jersey) declared, in pertinent part, that "the Guardian shall keep all family members, including [Oldest child] , and other persons of interest, advised of any matters or issues involving the best interests of Robert Johnson, including medical care, and his residence and sale of property." The order also states that Mr. Boutillier "should review and report on the ability of the Guardian to perform and fulfill the duties required." I define the word "any" (matters and issues) as "everything".


 

ON August 31, 2010, by letter to all parties herein, Judge Koprowski wrote Vanessa Taylor advising her that her complaint for amended judgment (sic) "has failed to address the discrepancy between the appraisals and the sales price, the rights of other persons and the best interests of the ward." The Judge directed Taylor to submt her submission no later than September 10, 2010, "to address those issues as well as the opposition submitted by [myself] Mr. Johnson." Taylor never filed any papers to answer the Judge's concerns other than a paper talking solely about the proposed house purchase. James Boutillier filed no objection to the fact Taylor's papers did not address the court's directive. Mr. Boutllier also filed papers around August 2010 in which he discusses many issues over the course of about 8 pages. He never once mentions that the information is an example of what I had been asking for months for and an example of what the guardian had not provided.


 

All parties live and work in New Jersey, including Robert Johnson, except myself and I am in California. I was not able to appear at any court hearings in this matter. I have vigorously sought to act in the best interests of my Father, Robert Johnson, and I have vigorously sought to be kept informed ("advised") of his affairs.


 

MISCONDUCT OF James Boutillier and the law firm of Brandley, Kleppe, O’Conner & Boutillier, LLP CONSTITUTING BIAS/APPEARANCE OF BIAS - RPC 8.4


 

On April 15, 2010 at 12:27 pm Vanessa D. Taylor emailed me, in part: "The judge who you sent your letter to prior to the guardianship hearing, daddy's lawyer, Mr. Boutilier and the state's lawyer, Mr. Meyerson all think you are nuts. They asked me prior to the guardianship hearing if you were on something or crazy." (see copy of April 15 email attached).

Vanessa D. Taylor acts under the authority of Judge Walter Koprowski. By Oct 24, in efforts to keep advised on Dad Robert Johnson's medical care, real property, and residence, I had continued to send questions by fax and email to Taylor. None of them have been answered to this date. The Judge has been copied on many of the questions posed. On Oct 25 2010 Vanessa Taylor wrote me by email:

From: Facebook

Vernell Johnson commented on your link.

Vernell wrote:
"You want a response from me? You are an idiot and a coward. Since you have so much to say about me, why do you block me from seeing your garbage?  Because it is filled with lies. People who live in glass houses shouldn't throw stones.  Maybe I should send your Child Molestation admission to your job; I am sure they would like that.  Or how about I send it to the LA Police, so you can be listed as a sexual predator.  Oh, I have a better idea, I cold just post it on Facebook! Coming Soon - _____  _____  _____ ADMITS TO SEXUALLY MOLESTING A 4 YEAR OLD. You don't want to mess with me. I don't have time for your garbage; just like the lawyers that you have attacked.  Again, the reason no one has responded is because they all know for sure that you are truly nuts! You need to seek help.  You can keep attacking me, but the God i serve will always protect me. by the way, in case you don't know, this is not your mother. Vanessa."


 

Taylor is threatening me. She acts under the authority of Judge Walter Koprowski. (see attacched true copy of the Oct 25 email from Vanessa in which she clearly also uses the identity of another person.)


FAILURE TO ENSURE RIGHTS On April 15, 2010 at 12:27 pm Vanessa D. Taylor emailed me, in part: "The judge who you sent your letter to prior to the guardianship hearing, daddy's lawyer, Mr. Boutilier and the state's lawyer, Mr. Meyerson all think you are nuts. They asked me prior to the guardianship hearing if you were on something or crazy."


 

FAILURE TO ENSURE RIGHTS James Boutillier at the law form of Brandley, Kleppe, O’Conner & Boutillier, LLP has been written repeatedly especially March 2010 thru October 2010 that guardian Vanessa Taylor has not kept me advised of Robert Johnson's medical care, residence, and property. James Boutllier and his law firm has not taken action against Vanessa D. Taylor or any others, nor has he advised the court of the guardian's failure to report to me, to assure my rights are being complied with, the right to be kept advised.

MISCONDUCT OF JAMES BOUTILLIER AND ATTORNEYS CONSTITUTING BIAS/APPEARANCE OF BIAS On April 15, 2010 at 12:27 pm Vanessa D. Taylor emailed me, in part: "The judge who you sent your letter to prior to the guardianship hearing, daddy's lawyer, Mr. Boutillier and the state's lawyer, Mr. Meyerson all think you are nuts. They asked me prior to the guardianship hearing if you were on something or crazy." [highlight added].


 

FAILURE TO ENSURE RIGHTS On April 15, 2010 at 12:27 pm Vanessa D. Taylor emailed me, in part: "The judge who you sent your letter to prior to the guardianship hearing, daddy's lawyer, Mr. Boutillier and the state's lawyer, Mr. Meyerson all think you are nuts. They asked me prior to the guardianship hearing if you were on something or crazy." [highlight added].


 

MISCONDUCT FAILURE TO REPORT MISCONDUCT OF MEYERS, FLOYD Judge Koprowski.

James Boutillier and Brandley, Kleppe, O’Conner & Boutillier, LLP has failed to report Vanessa D. Taylor's refusal to keep me advised, as well as refused to report Judge Walter Koprowski, Meyers, and Ms. Floyd's participation in the failure to keep me advise me on Robert Johnson's medical care, residence, and real property, and misconduct of said attorneys in the improper and fraudulent concealment of the conditions of the contract of sale of property of Robert Johnson. Attorney Floyd and Vanessa D. Taylor has never served the required Motion for Amended Judgement for Approval of Sale of Property (sic) filed July 29, 2010. Attorney Boutillier engaged in misconduct by letter dated April 8, 2010 in which he told Vanessa D. Taylor that she did not have an obligation to communicate to me. He copied said letter to Lawrence N. Meyerson. From Oct 2009 to the present I believe Boutillier, Meyerson, and Floyd have acted in concert with Vanessa D. Taylor in denying me information on Robert Johnson's medical care, residence, and property. James Boutillier has been made aware of this misconduct by fax/letters including but not limited to August 25, 2010, August 29, 1010, August 31, 2010, September 8, 2010, October 3, 2010, October 11, 2010, Nov 10, 2010.


 

UNLAWFULLY OBSTRUCTS ANOTHER PARTIES ACCESS TO EVIDENCE- RPC 3.3

Vanessa D. Taylor acts under the authority of Judge Walter Koprowski. By Oct 24, in efforts to keep advised on Dad Robert Johnson's medical care, real property, and residence, I had continued to send questions by fax and email to Taylor. None of them have been answered to this date. The Judge has been copied on many of the questions posed. On Oct 25 2010 Vanessa Taylor wrote me by email:

"From: Facebook

Vernell Johnson commented on your link.

Vernell wrote:
"You want a response from me? You are an idiot and a coward. Since you have so much to say about me, why do you block me from seeing your garbage?  Because it is filled with lies. People who live in glass houses shouldn't throw stones.  Maybe I should send your Child Molestation admission to your job; I am sure they would like that.  Or how about I send it to the LA Police, so you can be listed as a sexual predator.  Oh, I have a better idea, I cold just post it on Facebook! Coming Soon - _____ _____ _____ ADMITS TO SEXUALLY MOLESTING A 4 YEAR OLD. You don't want to mess with me. I don't have time for your garbage; just like the lawyers that you have attacked.  Again, the reason no one has responded is because they all know for sure that you are truly nuts! You need to seek help.  You can keep attacking me, but the God i serve will always protect me. by the way, in case you don't know, this is not your mother. Vanessa."


 

Vanessa acts at the direction of Judge Walter Koprowski.


 

IN ADVISING VANESSA D. TAYLOR TO WRITE HER OCT 25 EMAIL, JAMES BOUTILLIER THRU VANESSA HAS MADE A FALSE STATEMENT OF MATERIAL FACT- RPC 3.3

There is no child molestation admission by me that Taylor alleges on behalf of James Boutillier. I believe James Boutillier, Shawnda Floyd, and Lawrence N. Meyerson told Vanessa to write the Oct 25 email and advised her specifically what to say.

RPC 3.3 Candor Toward the Tribunal

(a) A lawyer shall not knowingly:

(1) make a false statement of material fact or law to a tribunal.


 

ENGAGED IN TELLING VANESSA D TAYLOR TO LIE ; failure to hold Taylor liable for threats under the color of law; Judge advising the violation of the law


 

Taylor is threatening me. She acts under the direction of Judge Walter Koprowski. (see attacched true copy of the Oct 25 email from Vanessa in which she clearly also uses the identity of another person.)

Even now Vanessa has not responded partly due to her own fault and partly due to improper advise from the Judge, Floyd, Boutillier, and Meyerson acting on behalf of ACS. James Boutillier has forwarded evidence of telephone conferences with Vanessa D. Taylor, the court [Judge Koprowski], Lawrence N. Meyerson (APS). I believe in these conferences Vanessa was directed to write the email of Oct 25 2010.


 

Fairness to Opposing Party and Counsel - RPC 3.4

A lawyer shall not:

(a) unlawfully obstruct another party's access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value, or counsel or assist another person to do any such act;


 

I am an opposing party to the Guardianship matter. James Boutllier and his law firm in authorizing Vanessa D. Taylor's refusal to keep me advised, has obstructed my access to evidence having potential evidentiary value. See his attached April 8 2010 letter.


 

Respect for Rights of Third Persons - RPC 8.4

In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.


 

James M. Boutillier has used means thru Vanessa D. Taylor in emails that embarass me, delay my access to evidence, and burden me with undue costs in efforts to gain such evidence which the court has written that I am entitled to. James Boutllier has supplied proof his telephone conferences from February 2010 on with Taylor, Meyerson, the court; while he has continued to meet with said parties he has never mentioned my complaints that Taylor is not keeping me advised and never mentioned that he would report such to the court. Boutllier's ethics violationsa re intentional and repeated.


 

Misconduct by James Boutillier and Brandley, Kleppe, O’Conner & Boutillier, LLP - RPC 8.4

It is professional misconduct for a lawyer to:

(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects;

(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;

(d) engage in conduct that is prejudicial to the administration of justice;

(e) state or imply an ability to influence improperly a government agency or

official;

(f) knowingly assist a judge or judicial officer in conduct that is a violation of the Code of Judicial Conduct or other law;

(g) engage, in a professional capacity, in conduct involving discrimination (except employment discrimination unless resulting in a final agency or judicial determination) because of race, color, religion, age, sex, sexual orientation, national origin, language, marital status, socioeconomic status, or handicap where the conduct is intended or likely to cause harm.


 

It is my belief that James M. Boutllier has worked in concert with Vanessa D. Taylor, Lawrence N. Meyerson and thru the emails of Vanessa D. Taylor within, and thru Vanessa D. Taylor's refusal to keep me advised, has violated the Rules of Professional Conduct: engaged thru Vanessa D. Taylor's emails herein and James Boutillier's April 8 2010 email, engaged in conduct involving dishonesty, fraud, deceipt and misrepresentation; engaged in conduct that is prejudicial to the administration of justice, and engaged in conduct involving discrimination because of socioeconomic status and handicap and the conduct is intended to cause harm and likely to cause harm and has caused harm in that I have not been kept advised.


 

By causing Vanessa D. Taylor to issue threats by email dated Oct. 25, James M. Boutillier has "commited a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects".


 

Mr. Boutllier and his firm and its resources were used to conceal from me the sale price of the property, that the property had been placed on the market; concealed from me the fact there was a $32,000 repair credit issued to the next perspective buyer but never told to me. I had made the first offer for the property in Feb 2010 at $140,000 but the second buyer offered $144, 041 and received the $32,000 plus repair credit that I did not receive. Boutllier never objected to the fact the contract price of $144, 041 did not fall between the appraisals of $185,000 and $190,000 not did he object to the fact the guardian Taylor did not have the authority to sign a "contract of sale". The contract was never made "subject to the receipt of court approval." See James Boutillier email September 23 1010 enclosed.


 

I have evidence to suggest that Vanessa D. Taylor on behalf of James Boutillier has already improperly contacted my place of employment.


 

I believe James M. Boutillier with others herein has made unlawful threats, and threats to involve others from outside New Jersey, imposing on me a "chilling effect" and retaliatory effect violating my rights to petition the government for redress of grievances including a right to file suit in a court of law. Under color of law, he has threatened my right to dissent while at the same time engaged in a conspiracy of silence on my rights under the Guardianship to be kept advised.


 

Please suspend from practice and disbar attorney James Boutillier, Brandley, Kleppe, O’Conner & Boutillier, LLP for their violations of attorney ethics and acts of misconduct herein.


 

Note: [Author's Name, address, phone number, signature on original]

 


 

 

Enclosures:

April 8 2010 letter from James Boutillier

May 13 2010 letter from James Boutillier

Sept 23 to Oct 2 email exchange with James Boutillier

Oct 27 email exchange with Vanessa D. Taylor posing as Vernell Johnson and threats

November 8 2010 email exchange with Vernell Johnson and threats

 

Served on

Seth Ptasiewicz, Esq. Secretary
HALL OF RECORDS
465 MARTIN Luther King Jr Blvd Room 308
Newark, NJ   07102






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