Case Abstracts for matters heard in October of 2006
CSB-2006-089 Morris M. Goldings, Newton, MA (Disbarred)
While gambling in a Nevada casino, claimant issued checks on his overdrawn bank account to obtain cash and chips. When the checks bounced, the casinos pursued recovery. In February 2000, claimant retained Mr. Goldings to resolve the casino claims and gave Mr. Goldings $140,000 to negotiate settlements and to pay his fee. Mr. Goldings took the money but made no effort to resolve his gambling debts. In February 2001, claimant sued Mahoney & Hawkes, LLP and Mr. Goldings, alleging that Mr. Goldings neglected claimant's legal work resulting in the issuance of a criminal complaint and warrant for claimant's arrest on August 2, 2000. Claimant was arrested on the extradition warrant at his Massachusetts home on January 9, 2001. Claimant hired substitute counsel who represented him in District Court, obtained claimant's release, and negotiated with the Nevada authorities to dispose of the criminal charges and arranged a monthly repayment schedule. Upon claimant's final payment to the Nevada authorities in September 2003, the Nevada criminal case was dismissed. Claimant filed a proof of claim in the Mahoney & Hawkes, LLP bankruptcy and itemized a total loss of $294,525. The allowed amount under the "return of principal" rule of the creditors committee was limited to $170,000. The Board found a provisional defalcation of $140,000 and will make an award to claimant in that amount less all payments claimant receives from the Bankruptcy Court.
CSB-2006-061 Edward David Friedman, Springfield, MA (Disbarred)
Following an auto accident in August 2001 in which claimant was rear-ended and injured, claimant's doctor referred him to Mr. Friedman to help claimant recover money damages. Without authorization, Mr. Friedman settled the claim and forged claimant's signature to two releases and then stole the $20,000 settlement by forging claimant's signature to the check. During October 2004, after Mr. Friedman had the $20,000 in his account, he wrote a check to claimant for $5,000 explaining that the insurance company was intransigent about settling and that Mr. Friedman wanted to help. Mr. Friedman also paid $846.33 to the Commonwealth of Massachusetts on behalf of claimant to satisfy a lien for medical services provided to claimant following the accident. Because of the injuries sustained in the accident, claimant reported that he was unable to work and had applied for SSI assistance. Claimant also moved his family to North Carolina where a lower cost of living allowed them to survive on his wife's salary as a nursing assistant. The Board found a defalcation of $14,153.67 ($20,000 - $5,000 - $846.33) and voted to make an award in that amount.
CSB-2006-031 William E. Gately, Braintree, MA (Disbarred)
Claimant, the mother and legal guardian of a mentally retarded twenty-four year-old, paid Mr. Gately $650 in May 2005 to file a voluntary bankruptcy petition. Mr. Gately did no legal work on the bankruptcy forcing claimant to retain substitute counsel whose fee was an additional $1,300 for the successful filing and discharge. The Board found a defalcation of $650.00 and voted to make an award in that amount.
CSB-2006-033 John C. McBride, Marblehead, MA (Disbarred)
On November 23, 2004, claimant paid Mr. McBride a $2,500 retainer to represent her on criminal charges pending in District Court. On November 28 and December 13, claimant paid Mr. McBride $800 and $2,500 for a total of $5,800. McBride never disclosed to claimant that he was in the final stages of being disbarred and may be unable to complete his representation. McBride obtained a few continuances of claimant's case before being disbarred in August 2005. He promised claimant he would find new counsel for her next court appearance. He failed to do so forcing her to appear pro se. The judge ordered claimant to find new counsel to represent her the following day. She quickly retained substitute counsel but McBride never refunded claimant's fee and never accounted to her for it. The Board found a defalcation of $5,800.00 and voted to make an award in that amount.
CSB-2006-034 Peter Hirst, Orleans, MA (Suspended)
When claimant was laid off from his job around November 2004, he engaged Mr. Hirst and paid him a $500 retainer. After cashing the retainer check, Mr. Hirst telephoned claimant to tell him that his [Hirst's] father had died. Claimant unsuccessfully made repeated attempts to contact Mr. Hirst. The Board found a defalcation of $500.00 and voted to make an award in that amount
CSB-2006-018 Madeline McLaughlin Corey, Lowell, MA (Deceased)
In June 2002, claimant gave Ms. Corey a $2,000 retainer to modify the support component of her divorce decree. Ms. Corey died on March 29, 2003 leaving the modification task unfinished and a retainer balance of $1,325. In May 2003, claimant retained substitute counsel to complete the modification task. In July 2003, claimant forwarded to substitute counsel the papers she received from Ms. Corey's executor and asked him to file a claim against the Corey estate to recover her $1,325 retainer balance. Substitute counsel took no action and claimant then learned that Ms. Corey's estate was closed and that her claim was never filed. The Board found a defalcation of $1,325 and made an award in that amount
CSB 2006-008 John C. McBride, Marblehead, MA (Disbarred)
When claimants' son was arrested in August 2004 for an assortment of property offenses, the District Court appointed counsel for him. In January 2005, claimants paid Mr. McBride $700 cash to represent their son. Claimants then made direct deposits of $1,800 and $600 to McBride's bank account on January 18 and January 21, 2005 and also reported having delivered $1,900 in cash to McBride on an unspecified date for which they received no receipt. They paid McBride a total of $5,000. When McBride accepted the first payment from claimants, he was on the brink of disbarment, a fact that Mr. McBride never disclosed to claimants. The docket entries on claimants' son case showed that Mr. McBride performed no significant legal service between February 2005 and October 2005 when the court appointed counsel for claimants' son. The Board found a defalcation of $3,100.00 and voted to make an award in that amount.
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