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Matter of Borden

October 16, 1990

IN THE MATTER OF HOWARD S. BORDEN, JR., AN ATTORNEY AT LAW

ORDER

The Disciplinary Review Board having filed a report with the Court, recommending that HOWARD S. BORDEN, JR. of TOMS RIVER, who was admitted to the bar of this State in 1958, be suspended from the practice of law for six months for violations of DR 6-101(A), DR 7-101(A)(1), DR 9-102(B)(4), DR 1-102(A)(4), RPC 1.1(a), RPC 1.2(a), RPC 1.3, RPC 1.15(b), and RPC 8.4(c), and good cause appearing;

It is ORDERED that the report and recommendation of the Disciplinary Review are adopted and HOWARD S. BORDEN, JR. is hereby suspended for a period of six months, effective

November 5, 1990, and until the further Order of the Court; and it is further

Ordered that the entire record of this matter be made a permanent part of respondent's file as an attorney at law of this State; and it is further

Ordered that respondent shall be restrained and enjoined from practicing law during the period of his suspension and that he shall comply with Regulation 23 of the Administrative Guidelines Governing Suspended Attorneys; and it is further

Ordered that respondent shall reimburse the Ethics Financial Committee for appropriate administrative costs incurred in the prosecution of this matter.

APPENDIX

Decision and Recommendation of the Disciplinary Review Board

To the Honorable Chief Justice and Associate Justices of the Supreme Court of New Jersey.

This matter is before the Board based on a presentment filed by the District IIIA Ethics Committee.

Respondent has been a member of the New Jersey bar since 1958. In or about September 1987, respondent left the private practice of law. He is currently employed by the Ocean County Prosecutor's Office as an assistant prosecutor.

On March 30, 1981, Eldora Brinkley, the grievant herein, retained respondent to file suit against a moving company, seeking damages for the unlawful sale of furniture belonging to grievant. At their initial meeting, it was verbally agreed that grievant would pay respondent the sum of $50.00 for costs of suit, and that respondent would receive a contingent fee of one-third of the ...


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