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Commonwealth of Massachusetts

NO. BD-2001-056


S.J.C. Order of Term Suspension entered by Justice Cordy on March 11, 2002, with an effective date of April 10, 2002.1


The respondent was suspended on February 13, 1998, for failing to register as required by S.J.C. Rule 4:02. He failed to comply with the provisions of S. J. C. Rule 4:01, § 17, after being administratively suspended for thirty days.

On November 2, 1999, the respondent was found guilty of operating a motor vehicle under the influence of liquor in violation of G. L. c. 90, § 24. He was placed on probation with conditions that he not commit another criminal offense.

On January 25, 2001, the respondent assaulted an individual. On March 29, 2001, the respondent was found to be in violation of his probation on the driving under the influence case due to the assault.

On July 31, 2001, the respondent was convicted of assault and battery and sentenced to one year of probation with conditions. He violated S. J. C. Rule 4:01, § 12(8), by not notifying bar counsel that he had been convicted of this crime within ten days of the conviction.

On November 2, 2001, bar counsel filed a petition for discipline charging the respondent with having engaged in the misconduct described above and alleging that his misconduct had violated Mass. R. Prof. C. 8.4(b), (d), and (h). The respondent did not file an answer to these allegations, thereby admitting them.

In Matter of Nardi, 10 Mass. Att’y Disc. R. 204 (1994), the respondent had been publicly reprimanded for aiding in the unauthorized practice of law and conflict of interest. This prior sanction was considered in aggravation.

On December 31, 2001, bar counsel filed a memorandum of law requesting a recommendation from the Board of Bar Overseers that the respondent be suspended for a year and a day. Bar counsel cited the respondent’s repeated criminal offenses, prior sanction, and his failure to respond to the petition for discipline. The respondent filed no pleadings.

On February 11, 2002, the Board of Bar Overseers voted to file an Information with the Supreme Judicial Court for Suffolk County recommending that the respondent be suspended from the practice of law for a year and a day. On March 11, 2002, the county court (Cordy, J.) entered an order suspending the respondent for a year and a day, effective thirty days from the entry date.

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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