Case Abstracts for matters heard in September of 2006
CSB 2005-080 John C. McBride, Marblehead, MA (Disbarred)
In September 1999, claimant, represented by private counsel, pled guilty to murder and other lesser offenses and was sentenced to 18-20 years in prison. In November 2004, claimant's sister paid Mr. McBride $1,000 to assist in getting his sentence reduced. Mr. McBride knew that he was about to be disbarred and failed to inform claimant. According to the court docket entries, Mr. McBride did no work for claimant. The Board found a defalcation of $1,000 and voted to make an award in that amount.
CSB 2006-019 John C. McBride, Marblehead, MA (Disbarred)
Claimant first met Mr. McBride on May 1, 2005 when he knew that his disbarment was imminent. Nevertheless, Mr. McBride agreed to represent claimant and her male friend without disclosing his pending disbarment. Claimant deposited $5,000 directly into McBride's business account. That was followed by a $200 cash payment and a receipted cash payment of $5,000 on July 25, 2005, just two weeks before the order of disbarment. Although Mr. McBride entered his appearances without dating the appearance forms, the clerk's notations show they were filed on October 13, 2005, two months after Mr. McBride had appealed his disbarment. Claimant and her friend had to retain substitute counsel. Mr. McBride later returned $2,500 to claimant's friend, who passed it on to claimant. The Board found a defalcation of $7,500 and voted to make an award in that amount.
CSB 2005-075 Anthony Raoul Bott, Orleans, MA (Disbarred)
In December 2001, claimant engaged Mr. Bott to represent her in a personal injury matter. Sometime during 2002, Mr. Bott, without consultation with or consent from claimant, settled the matter for $20,000. Not until two years later, in November 2004, did Mr. Bott forward claimant's share of the settlement to her together with a Settlement Statement that claimant never signed. Claimant sought $400 in interest on the funds that Mr. Bott withheld from her for two years. Because the Board does not award interest on claims, it voted to deny the claim.
CSB 2006-004 Anthony Raoul Bott, Orleans, MA (Disbarred)
Claimant was the Executor of the estate of his 91-year-old sister, who died on February 15, 2006, five months after filing this claim with the Board. Claimant's sister retained Mr. Bott on a personal injury matter sometime in December 2001 but he did not have her sign a contingent fee agreement until November 19, 2002. By then Mr. Bott was in deep negotiations with the insurer as evidenced by his fax of December 2, 2002 arranging to pick up the $15,000 settlement check in person from the insurer the following day. Mr. Bott endorsed the check and deposited it into his account on December 4, 2002. Whenever claimant's sister asked about her case, Mr. Bott told her that it was ongoing and not yet finalized or settled. Bott's letter of May 18, 2005 to claimant's sister announcing his disbarment was her first notice that not only had her case been settled but that Mr. Bott had misappropriated the settlement proceeds. The Board found a defalcation of $10,000.00 and voted to make an award in that amount.
CSB 2005-060 James Wager, Reading, MA (Disbarred)
Claimant engaged Mr. Wager on a contingency fee arrangement to represent him in a personal injury action against a saloon/sports bar. The matter settled sometime in early 2002 and the bar began making issuing checks of $100 and $200 that were delivered to Mr. Wager. Claimant submitted cancelled checks totaling $2,500 that carried forged endorsements made by Mr. Wager. The Board found a defalcation of $2,500 and voted to make an award in that amount.
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