Case Abstracts for matters heard in May of 2006
CSB-2005-035 Maureen V. Andricopoulos, Lowell, MA (Disbarred)
Claimant, a former boxer now a boxing trainer, and Ms. Andricopoulos were friends since childhood. She had represented him on at least one legal matter before he consulted her about managing his funds in what was akin to a self-settled trust. Between January 2002 and June 2003, claimant transferred $188,292.72 to Ms. Andricopoulos to enable her to pay his bills, including taxes, and to provide some allowance funds to him. In early 2004, claimant found out that Ms. Andricopoulos had used $137,955 of his money for her business and personal expenses. Those facts became the first of five matters leading to her disbarment in June 2004. Claimant sued Ms. Andricopoulos and attached a piece of real estate that, prior to a transfer to her two sisters, had been owned by Ms. Andricopoulos as a tenant in common subject to their mother's life interest. Claimant also obtained a judgment in the amount of $137,955 plus $36,600.66 in interest and was awaiting the issuance of the execution. The Board awarded claimant $137,955 and planned to take an absolute assignment of the attachment, judgment and execution to recover the award and any costs incurred in pursuing such recovery, with claimant retaining an equitable interest in the balance, if any.
CSB-2005-057 John C. McBride, Boston, MA (Disbarred)
In April 2002, a county grand jury indicted claimant on two weapons and two drug charges. On June 24, 2002, Mr. McBride entered his appearance for claimant. Following an October 2003 jury trial, claimant was found guilty on one charge and not guilty on two charges. Following verdict and sentencing, Mr. McBride withdrew his appearance and claimant filed his notice of appeal pro se. Claimant paid Mr. McBride $7,000 for his services and sought to recover that amount "or at least half" claiming that Mr. McBride's services amounted to ineffective assistance of counsel. Appellate proceedings were stayed while claimant filed a motion for new trial. That motion was denied without a hearing and the Appeals Court then considered a consolidated appeal and affirmed claimant's conviction rejecting his argument that Mr. McBride provided ineffective assistance. The Board found that this was a fee dispute or a charge of negligent representation and made no award to claimant.
CSB-2006-003 John C. McBride, Boston, MA (Disbarred)
This claim consisted of two parts: 1) $1,000 - the legal fee that Mr. McBride never returned, paid by claimant's parents to Mr. McBride both to defend their son and to appeal from his conviction; and 2) $13,166.67 - the legal fee Mr. McBride collected from claimant's parents for a state civil forfeiture proceeding. According to Memorandum of Decision ordering Mr. McBride's disbarment, the $1,000 is a portion of a legal fee paid for the criminal appeal which Mr. McBride held back when he returned the balance of the fee. Furthermore, Mr. McBride had settled the civil forfeiture without approval or authorization from claimant or his parents and without having any understanding with them as to the fee for his services. When he had claimant's parents sign a Fee Settlement Statement calling for a 1/3 contingent fee on the $50,000 he had already received from the Commonwealth, it was a deception because there was no contingency to be fulfilled. The Board found a defalcation and awarded claimant $1,000 plus $13,166.67 for a total of $14,166.67.
CSB-2006-005 John C. McBride, Boston, MA (Disbarred)
Sometime around May 2005, claimant engaged Mr. McBride to represent him on several charges pending in four district courts. Claimant's mother had paid Mr. McBride $3,200 cash. To raise an additional $4,500 in cash, she prematurely redeemed an eleven-month certificate of deposit and paid that to Mr. McBride. She then paid an additional $2,000 in cash to Mr. McBride in Immigration Court in Boston. On August 23, 2005, Mr. McBride sent a Notice of Disbarment to claimant explaining that he had "the right to a refund of any part of any fees and costs you paid in advance that have not been earned or expended." The Board determined that 18 months before accepting fees from claimant, Mr. McBride knew that the Hearing Committee had recommended that he be suspended for three years and that six months before accepting fees from claimant, Mr. McBride knew that the Board of Bar Overseers had recommended that he be disbarred. As a consequence, when he accepted the fees, 1) Mr. McBride had no reasonable basis to believe that the Supreme Judicial Court would fully exonerate him and permit him to continue to practice law without interruption, and 2) had an affirmative obligation to fully disclose his disciplinary status to claimants and to let them know that if retained, he may not be able to continue or complete the representation. The Board found a defalcation and awarded claimant $9,700.
CSB-2006-007 John C. McBride, Boston, MA (Disbarred)
Claimants (husband and wife) engaged Mr. McBride during July 2003 to represent them "in an equity case filed by my sister-in-law who was seeking a divorce from my brother." Claimants paid Mr. McBride a $2,500 retainer by check on July 18, 2003 and on the very same day Mr. McBride negotiated the check for cash. According to claimants, Mr. McBride paid little attention to them and even left claimant's wife without counsel during a deposition. Claimant reported that he gave Mr. McBride all the documents and requested that he file a case against the sister-in-law in Superior Court. After a year of claimant's begging, Mr. McBride finally filed the case but submitted a check for the filing fee that bounced resulting in dismissal of the case. Mr. McBride accepted $5,500 of the $13,000 fee after he knew that the Hearing Committee had recommended that he be suspended for three years. At that time, Mr. McBride had no reasonable basis to believe that he was going to avoid being removed from the practice of law for some period of time. He had an affirmative obligation to fully disclose his disciplinary status to claimants and to let them know that if retained, he may not be able to continue with or complete the representation. The Board found a defalcation and awarded claimants $13,000.
CSB-2006-022 John C. McBride, Boston, MA (Disbarred)
During January 2003, claimant's mother paid $5,000 to Mr. McBride to represent her son who was facing charges in District Court. In February 2003, a county grand jury indicted the son on four drug charges. Mr. McBride and his associate entered appearances on the son's behalf in both district and superior courts. The son was admitted to bail in District Court and that bail was continued in Superior Court. Mr. McBride's associate filed a motion to suppress in May 2003 by which time the mother paid an additional $3,500 to Mr. McBride bringing the total to $8,500. The Commonwealth responded to the motion to suppress in June 2004. By that time, the mother paid an additional $1,500 to Mr. McBride bringing the total to $10,000. On November 12, 2004, a hearing was held on the motion to suppress and on November 15 the court made its findings of fact and rulings of law denying defendant's motion. The mother was unable to raise additional funds to continue with private representation causing Mr. McBride's associate to file her notice of withdrawal on April 7, 2005. The court appointed counsel to represent the son in October 2005 and he entered a guilty plea to two of the charges in February 2006 and was sentenced to two years in the House of Corrections. The Board found that this was a fee dispute and made no award to claimant.
CSB-2006-024 John C. McBride, Boston, MA (Disbarred)
Claimant met with Mr. McBride in early September 2003 to explain a possible employment discrimination claim. After that meeting, Mr. McBride telephoned claimant and said that his research indicated that the fact pattern was indeed discrimination. Claimant sent a check for $2,500 to Mr. McBride that he negotiated on September 24, 2003. In December 11, 2003, the Hearing Committee issued its recommendation that Mr. McBride be suspended for three years. At Mr. McBride's request, claimant gave Mr. McBride an additional check for $2,500 dated December 18, 2003 that Mr. McBride negotiated the very same day. Thereafter, claimant telephoned Mr. McBride's office monthly for an update but there was never any new information. During August 2005, when claimant learned that Mr. McBride had been disbarred, he telephoned Mr. McBride and was told they had "other lawyers" but nothing more came of the planned suit. The Board found that Mr. McBride accepted $5,000 in fees immediately before and immediately after the Hearing Committee recommended that he be suspended for three years. It further determined that when he accepted the second of those fees from claimant, Mr. McBride had no reasonable basis to believe that he could avoid being removed from the practice of law for some period of time and that he had an affirmative obligation to fully disclose his disciplinary status to claimant and to let him know that if retained, he may not be able to continue or complete the representation. The Board found a defalcation because no legal services were performed for claimant and awarded him $5,000.
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