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Commonwealth of Massachusetts

No. BD-2000-009

IN RE: KIRK W. JONES

S.J.C. Order of Disbarment entered by Justice Greaney on June 13, 2000.1

SUMMARY2

The respondent pleaded guilty to two counts of mail fraud arising out of actions he took while representing a client in the Bankruptcy Court. Mail fraud is a felony and a serious crime as defined in S.J.C. Rule 4:01, § 12. The respondent submitted an affidavit of resignation pursuant to S.J.C. Rule 4:01, § 15.

The respondent appeared in a Chapter Seven bankruptcy on behalf of a creditor who asserted his claim was non-dischargeable because of fraud. The respondent failed to present his client's non-dischargeability claim within the permissible time. He then moved for extension of the deadline, supporting his motion with a document which purported to be an affidavit signed by his client and which asserted that the client had not received notice of the bankruptcy proceeding prior to the filing deadline.

In fact, the respondent had written the affidavit and had signed his client's name without discussing the matter with his client. Unknown to the respondent, his client had died prior to the date of the purported affidavit.

The respondent's actions constituted dishonesty, fraud, deceit, and misrepresentation in violation of Canon One, DR 1-102(A)(4) and (6); conduct prejudicial to the administration of justice in violation of Canon One, DR 1-102(A)(5); knowing use of perjured testimony and false evidence in violation of Canon Seven, DR 7-102(A)(4); knowingly making a false statement of law or fact, in violation of Canon Seven, DR 7-102(A)(5); and creating and using false evidence in violation of Canon Seven, DR 7-102(A)(6).

The Board of Bar Overseers recommended that the resignation be accepted and that that the respondent be disbarred. The court entered an order accepting the resignation and disbarring the respondent.

1 The complete Order of the Court is available by contacting the Clerk of the Supreme Judicial Court for Suffolk County.

2 Compiled by the Board of Bar Overseers based on the record before the Court.



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