Bonnie Frost Publishes “Is Permanent Disbarment Gaining Some ‘Gray’?” in New Jersey Lawyer Magazine’s Ethics and Professional Responsibility Column
October 23, 2023The October 2023 edition of New Jersey Lawyer included an article authored by Einhorn Barbarito partner Bonnie Frost discussing the permanency of automatic attorney disbarment. For years, it’s been considered a “black and white” issue but, recently, a committee formed by the New Jersey Supreme Court recommended disbarred attorneys be allowed to apply for readmission after five years. Although the Supreme Court has not made a final determination on the Committee’s recommendation, Bonnie notes, “the State Bar advocated for a clarification that automatic permanent disbarment should apply only in situations where there is clear and convincing evidence of actual intent to steal from or defraud a client.” She also discusses several cases where it could be argued that the attorneys’ actions might fall into more of a “gray” area, prompting a rethink of permanent attorney disbarment.
Bonnie is a partner in Einhorn Barbarito’s Family/Matrimonial group and Appellate Practice and is a Certified Matrimonial Law Attorney and Fellow of The American Academy of Matrimonial Lawyers. She has been involved in the New Jersey ethics system for more than 20 years, serving as a member of the Committee on Attorney Advertising for the Supreme Court of New Jersey and as chair of the New Jersey State Bar Association’s Disciplinary Diversionary Committee. Bonnie served on the Disciplinary Board of the Supreme Court of New Jersey for 13 years, including acting as chair from 2013-2019.
This article was originally published in the October 2023 issue of New Jersey Lawyer and is being republished herein with permission of the New Jersey State Bar Association.