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Commonwealth of Massachusetts

NO. BD-2001-030

IN RE: WILLIAM L. HARVEY III

S.J.C. Order of Term Suspension entered by Justice Cowin on April 26, 2002, with an effective date of May 26, 2002.1

SUMMARY2

On May 9, 2001, the respondent admitted to sufficient facts in the Lowell District Court to the crime of assault with a dangerous weapon, a car, in violation of G. L. c. 265, § 15B. The respondent, while operating his automobile, twice attempted to strike another lawyer. The victim was able to jump out of the way without being hit. The court continued the case without a finding for two years on condition that the respondent have no avoidable contact with the victim and that he continue in counseling. Because the victim of the crime was another lawyer with whom the respondent had disagreements, the crime was not unrelated to the practice of law. The hostility between the lawyer and the respondent did not, however, involve the representation of a client.

On September 6, 2001, a hearing was held before a hearing committee of the Board of Bar Overseers. On January 14, 2002, the hearing committee filed a report recommending that the respondent be suspended from the practice of law for a year and a day. The respondent filed an appeal from the hearing committee’s recommendation for discipline. On March 13, 2002, the respondent and bar counsel filed a joint appeal from the hearing committee’s recommendation, stipulating that an appropriate sanction would be a six-month suspension without the right to petition for automatic reinstatement. In addition, the parties agreed that the respondent would not be required to take and pass the Multi-State Professional Responsibility Examination (MPRE) unless he failed to petition for reinstatement within one year of the date that he is first eligible to apply for reinstatement.

On April 8, 2002, the Board of Bar Overseers voted to accept the parties’ stipulation for discipline. An information was filed with the Supreme Judicial Court for Suffolk County on April 18, 2002. On April 26, 2002, the county court (Cowin, J.) entered an order suspending the respondent for six months without the right of automatic reinstatement, effective thirty days from the entry date. The order provided that the respondent would not be required to take and pass the MPRE unless he failed to petition for reinstatement within one year of the date he becomes eligible to apply for reinstatement.

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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